Question Discussion & Solution

The correct answer is November 2020.

• Lok Sabha has given its nod to Arbitration and Conciliation (Amendment) Bill 2021.
• The bill contains provisions to deal with domestic and international arbitration.
• It defines the law for conducting conciliation proceedings.
• It replaces an Ordinance with the same provisions promulgated on 4th November 2020.

The correct answer is Gram Sabha.

• According to Chapter IV of the FRA, 2006, the Gram Sabha is the authority to initiate the process for determining the nature and extent of individual or community forest rights or both.

GRAM SABHA:

1. Gram Sabha is the authority for Scheduled Tribes and Other Traditional Forest Dwellers within the local limits of its jurisdiction.
2. It receives claims, consolidates and verifies them, prepares a map delineating the area of each recommended claim in such manner as may be prescribed for the exercise of such rights.
3. It then passes a resolution to the effect, and thereafter forwards a copy of the same to the Sub-Divisional Level Committee.

STATE LEVEL MONITORING COMMITTEE: 

      ♦ According to Section 6(7) of FRA, the State Level Monitoring Committee has to perform the following functions:

1. Monitor the process of recognition and vesting of forest rights.
2. Submit to the Nodal Agency, the returns and reports demanded by it.

NODAL AGENCY:

      ♦ According to Section 11 of the FRA, the following may be the Nodal Agency:

1. Ministry of Tribal Affairs
2. Any officer or authority authorized by the Central Government on this behalf.

• The State Governments/UTs ensure that no eligible claim is rejected.

The correct answer is directly elected by the people.

Key Points

• Panchayat Samiti:
  • Panchayat Samiti is a rural local government (panchayat) body at the intermediate tehsil (taluka/Mandal) level in India.
  • It works for the villages of the tehsil that together are called a development block.
  • The members of the Panchayat Samiti are elected directly elected by the people.
  • Panchayat Samiti is related to Article 243(c) of the Indian Constitution.
  • According to  Article 243(c) - “intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part
  • It has been said to be the "panchayat of panchayats".
  • The 73rd Amendment defines the levels of Panchayati raj institution as:
    • District (or apex) level
    • Intermediate level
    • Base level
  • The Panchayat Samiti is the link between the gram panchayat (village council) and the Zila Parishad (district board).
  • The name varies across states: Mandal Parishad in Andhra Pradesh, taluka panchayat in Gujarat, and Mandal panchayat in Karnataka.

Additional Information

• The most common departments found in a panchayat Samiti are:
  • Administration
  • Finance
  • Public works (especially water and roads)
  • Agriculture
  • Health
• Each department in a panchayat Samiti has its own officer.
• Most often these are state government employees acting as extension officers, but occasionally in more revenue-rich panchayat Samiti, they may be local employees.
• A government-appointed block development officer (BDO) is the supervisor of the extension officers and executive officer to the panchayat Samiti and becomes, in effect, its administrative chief.
• The panchayat Samiti collects all the prospective plans prepared at the Gram Panchayat level and processes them for funding and implementation by evaluating them from the angles of financial constraints, social welfare, and area development.
• It also identifies and prioritizes the issues that should be addressed at the block level.

The correct answer is Option 2.

• There is no provision for a joint sitting of the Legislative Council and the legislative assembly. In the case of a disagreement, the decision of the Assembly is deemed final. Hence statement 2 is incorrect.

Key Points

State legislature:

• In most states, the Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). This means that these states have unicameral Legislature.
• In a few states, there are two houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor. Where there are two Houses, the Legislature, is known as bicameral. 
• Legislative Assembly (Vidhan Sabha):
  • There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of the State.
  • The members of Vidhan Sabha are directly elected by people on the basis of the universal adult franchise.
  • They are directly elected by all adult citizens registered as voters in the State. 
  • Members are elected from territorial constituencies.
  • Every State is divided into as many (single member) constituencies as the number of members to be elected.
  • As in the case of Lok Sabha, a certain number of seats are reserved for Scheduled Castes, and in some States for Scheduled Tribes also.
  • This depends on the population of these weaker sections in the State.
  • In order to become a Member of Vidhan Sabha a person must: be a citizen of India; have attained the age of 25 years; his/her name must be in voters’ list; must not hold any office of profit i.e.; should not be a government servant. Hence statement 3 is correct.
• Legislative Council (Vidhan Parishad):
  • Vidhan Parishad is the upper House of the State Legislature. It is not in existence in every State.
  • Very few States have a bicameral Legislature that means having two Houses.
  • The Parliament can create Vidhan Parishad in a State where it does not exist, if the Legislative Assembly of the State passes a resolution to this effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting, and sends the resolution to the Parliament.
  • Similarly, if a State has a Council and the Assembly wants it to be abolished, it may adopt a resolution by a similar majority and send it to Parliament. In this situation, Parliament resolves to abolish the concerned Legislative Council.
  • According to the Constitution, the total number of members in the Vidhan Parishad of a State should not exceed one-third of the total number of members of Vidhan Sabha but this number should not be less than 40. Hence statement 4 is correct.
  • The Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the principle of proportional representation by means of a single transferable vote system. 
• Sessions of the State Legislature: The State Legislature meets at least twice a year and the interval between two sessions cannot be more than six months. Hence statement 1 is correct.
• The Governor summons and prorogues the sessions of State Legislature.
• He addresses the Vidhan Sabha or both Houses (if there is a bi-cameral Legislature) at the commencement of the first session after each general election and at the commencement of the first session of the year

The correct answer is Directive Principles of State Policy.

Key Points

• The provisions relating to the promotion of international peace and security are mentioned in the Indian constitution as a part of Directive Principles of State Policy.
• Article 51 of the Constitution which is a Directive Principle of State Policy directs the state to promote international peace and security and maintain just and honourable relations between nations.
  • It further directs the state to respect International law and treaty obligations and settle disputes peacefully.
• Article 51 honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.

Additional Information

• Fundamental Duties :
  • The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government.
  •  The fundamental duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years.
• Directive Principles of State Policy :
  • The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the state to guide the establishment of economic and social democracy, as proposed by the Preamble.
  • The Directive Principles may be classified under the following categories: Ideals that the state ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing.