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The National Human Rights Commission has the powers of a civil court while inquiring into complaints, including summoning witnesses and requiring discovery of documents.
- True
- False
Answer: True
Protection of Human Rights Act, 1993, Section 13: NHRC has powers of civil court under Code of Civil Procedure for: (a) Summoning/enforcing attendance of witnesses, (b) Discovering/producing documents, (c) Receiving evidence on affidavits, (d) Requisitioning public records, (e) Issuing commissions for witness examination. However, NHRC recommendations are not binding; implementation depends on government response. Balances investigative powers with executive implementation responsibility.
Which of the following is NOT a function of the Central Vigilance Commission?
- Inquiring into offences under Prevention of Corruption Act against certain categories of public servants
- Exercising superintendence over CBI's functioning
- Prosecuting corruption cases in courts
- Advising government on vigilance matters
Answer: Prosecuting corruption cases in courts
CVC functions under CVC Act, 2003: (a) Inquire into corruption offences by All India Services, Group A officers, etc., (b) Exercise superintendence over CBI's anti-corruption work, (c) Advise government on vigilance policy, (d) Review progress of investigations. However, prosecution is conducted by CBI/Enforcement Directorate through public prosecutors; CVC doesn't directly prosecute. Clarifies institutional roles in anti-corruption framework.
All States in India have established Lokayuktas with uniform powers and jurisdiction as mandated by the Lokpal and Lokayuktas Act, 2013.
- True
- False
Answer: False
Lokpal and Lokayuktas Act, 2013: Mandates States to establish Lokayuktas within one year, but States have flexibility in design: powers, jurisdiction, composition vary. Some States had Lokayuktas before 2013 (e.g., Maharashtra, 1971); others enacted laws later. As of 2024, not all States have functional Lokayuktas. Highlights challenges in implementing uniform accountability mechanisms across India's diverse federal structure.
The Public Accounts Committee (PAC) examines the audit reports of the ______ to ensure financial accountability of the executive.
- Reserve Bank of India
- Comptroller and Auditor General
- Finance Commission
- NITI Aayog
Answer: Comptroller and Auditor General
Public Accounts Committee (PAC): Oldest parliamentary committee (1921). Functions: (a) Examine CAG reports on Union/State accounts, (b) Ensure expenditure was within grants, (c) Detect waste, extravagance, corruption, (d) Recommend corrective action. Composition: 22 members (15 LS, 7 RS); Chairperson from Opposition by convention. Critical mechanism for legislative financial oversight of executive.
The Mahatma Gandhi NREGA, 2005 mandates social audit of works by Gram Sabhas to ensure transparency and accountability in implementation.
- True
- False
Answer: True
MGNREGA, Section 17: Mandates social audit of all projects by Gram Sabha. Social audit involves: (a) Public verification of records, expenditure, beneficiary selection, (b) Gram Sabha discussion and approval, (c) Action on findings. Empowers citizens to monitor implementation, detect corruption, ensure accountability. Model extended to other schemes. Foundation of participatory governance at grassroots level.
The Whistle Blowers Protection Act was enacted in ______ but has not been fully brought into force due to concerns about national security exemptions.
- 2011
- 2014
- 2016
- 2019
Answer: 2014
Whistle Blowers Protection Act, 2014: Enacted to protect persons making public interest disclosures about corruption, misuse of power, etc., by public servants. Provides mechanism for inquiry, protection against victimization. However, not fully notified due to debates on balancing transparency with national security (proposed amendments to exempt certain categories of information). Highlights tension between accountability and security in governance.
Under Section 8 of the RTI Act, information relating to cabinet papers including records of Council of Ministers is exempt from disclosure until the decision is implemented and reasons are made public.
- True
- False
Answer: True
RTI Act, Section 8(1)(i): Exempts cabinet papers including records of Council of Ministers, Secretaries, etc., until decision implemented and reasons made public. However, once decision taken and matter complete, exemption ceases. Section 8(2): Even exempt information must be disclosed if public interest in disclosure outweighs harm to protected interests. Balances transparency with effective governance and collective responsibility.
The Chairperson of the National Human Rights Commission (NHRC) must be a retired ______.
- Chief Justice of India
- Judge of Supreme Court
- Chief Justice of a High Court
- Senior civil servant
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.
The Chief Information Commissioner and Information Commissioners at Union and State levels are appointed by the President/Governor on the recommendation of a committee consisting of the Prime Minister/Chief Minister, Leader of Opposition, and a Union Cabinet Minister/State Cabinet Minister nominated by the Prime Minister/Chief Minister.
- True
- False
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.
Under the Lokpal and Lokayuktas Act, 2013, the Lokpal consists of a Chairperson and up to ______ members, of which 50% shall be judicial members.
- 4
- 6
- 8
- 10
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.
The Central Bureau of Investigation (CBI) functions under the administrative control of the Department of Personnel and Training (DoPT) in the Ministry of Personnel, Public Grievances and Pensions.
- True
- False
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.
The Central Vigilance Commission (CVC) was given statutory status by which Act?
- Prevention of Corruption Act, 1988
- Central Vigilance Commission Act, 2003
- Lokpal and Lokayuktas Act, 2013
- Right to Information Act, 2005
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.
In Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the Supreme Court held that failure of government hospital to provide timely medical treatment violates right to life under Article 21.
- True
- False
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.
In Subhash Kumar v. State of Bihar (1991), the Supreme Court held that right to pollution-free water and air is part of right to life under Article 21.
- True
- False
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.
In Shayara Bano v. Union of India (2017), the Supreme Court declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional as violating Article ______ (right to equality).
- 14
- 15
- 19
- 21
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.
In Association for Democratic Reforms v. Union of India (2002), the Supreme Court directed candidates to disclose which information while filing nomination?
- Only educational qualification
- Criminal antecedents, assets, liabilities, educational qualification
- Only party affiliation
- Only election expenses
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.
In Navtej Singh Johar v. Union of India (2018), the Supreme Court struck down Section 377 of IPC to the extent it criminalized consensual homosexual acts between adults, holding it violated Articles 14, 15, 19, and 21.
- True
- False
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.
In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that right to livelihood is part of right to life under Article 21, and eviction of pavement dwellers without alternative arrangement violates this right.
- True
- False
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.
In M.C. Mehta v. Union of India (Oleum Gas Leak case, 1987), the Supreme Court evolved the principle of ______ liability for enterprises engaged in hazardous activities, making them absolutely liable for harm caused.
- vicarious
- strict
- absolute
- contributory
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.
In Unnikrishnan v. State of Andhra Pradesh (1993), the Supreme Court held that right to education up to age 14 is a fundamental right flowing from Article 21, which later led to the 86th Amendment inserting Article 21A.
- True
- False
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.