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Answer: international relations
Lokpal Act, 2013: PM under Lokpal jurisdiction but with safeguards: (a) No inquiry into allegations relating to international relations, external security, public order, atomic energy, space, (b) Inquiry requires approval of full bench of Lokpal (Chairperson + at least 2 members), (c) Proceedings held in camera, (d) Complaint dismissed if frivolous/vexatious. Balances accountability with practical governance needs in sensitive areas.
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: All public authorities as defined in the Act
RTI Act, 2005: Applies to all 'public authorities' defined as: (a) Bodies constituted under Constitution/Parliament/State Legislature law, (b) Bodies owned/controlled/substantially financed by government, (c) NGOs substantially financed by government. Enables citizens to seek information from executive, legislature, judiciary, PSUs, local bodies. Foundation of transparency and accountability in governance.
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: Cases dynamically interpret Constitution to address new challenges while preserving basic structure
Landmark SC cases serve critical functions: (a) Interpret constitutional provisions in light of evolving societal needs (e.g., privacy, environment, LGBTQ+ rights), (b) Evolve doctrines like basic structure, PIL, absolute liability to strengthen constitutional governance, (c) Balance rights with state interests, federalism with national unity, judicial review with democratic accountability, (d) Preserve core constitutional values while enabling adaptive governance. Dynamic interpretation ensures Constitution remains living document for 21st century India.
Answer: judicial overreach
Divisional Manager (2007): SC cautioned: (a) Judicial activism necessary to protect rights, fill legislative vacuum, (b) But must not cross into judicial overreach (usurping legislative/executive functions), (c) Courts should exercise self-restraint, respect separation of powers, (d) Policy matters best left to elected branches unless constitutional violation. Balances judicial role in rights protection with democratic accountability.
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: Right to Information (implicit in Article 19)
ADR Case (2024): 5-judge bench unanimously struck down Electoral Bonds Scheme (2018): (a) Anonymous political funding violates voters' right to know (implicit in Article 19(1)(a)), (b) Disproportionate impact on transparency and free/fair elections, (c) Potential for quid pro quo corruption. Directed ECI to disclose bond donor-recipient details. Landmark transparency judgment reinforcing electoral democracy.
Answer: reasonable period
P. Ramachandra Rao (2002): SC clarified Hussainara Khatoon: right to speedy trial under Article 21 is not absolute; no fixed time limit. Courts must balance: (a) Nature of offence, (b) Number of accused/witnesses, (c) Workload of court, (d) Prejudice to accused/victim. If delay unreasonable and attributable to prosecution, court may quash proceedings or award compensation. Pragmatic approach to procedural justice.
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: Collect backwardness, inadequacy of representation, administrative efficiency
M. Nagaraj (2006): SC upheld constitutional amendments (77th, 81st, 82nd, 85th) enabling reservation in promotions for SCs/STs but imposed three conditions: (a) Collect quantifiable data showing backwardness of class, (b) Prove inadequacy of representation in particular post, (c) Maintain overall administrative efficiency. Balances social justice with merit; State must justify reservation in promotions with empirical data.
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: True
Aadhaar Judgment (2018): 4:1 majority upheld Aadhaar Act for: (a) Welfare schemes (to prevent leakage), (b) PAN-Aadhaar linking (to curb tax evasion), (c) IT Act compliance. Struck down: (a) Mandatory linking with bank accounts/mobile numbers (disproportionate invasion of privacy), (b) Aadhaar authentication for school admissions (violates children's privacy). Balances state interest in welfare delivery with right to privacy.
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: passive euthanasia
Common Cause (2018): 5-judge bench held: (a) Right to die with dignity is part of Article 21, (b) Passive euthanasia (withdrawing life support) permissible for terminally ill patients in persistent vegetative state, (c) Living will (advance medical directive) valid subject to strict safeguards: medical board certification, judicial oversight, etc. Active euthanasia/assisted suicide remains illegal. Balances autonomy with sanctity of life.
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: Article 19(1)(a) (Freedom of Speech)
Pre-RTI Act cases: (a) Bennett Coleman v. Union of India (1972): Right to information implicit in Article 19(1)(a), (b) Indian Express v. Union of India (1985): Right to know essential for democracy, (c) Dinesh Trivedi v. Union of India (1997): Citizens' right to know about government functioning. RTI Act, 2005 statutory recognition; Supreme Court in 2024 (Electoral Bonds case) reaffirmed right to information as part of Article 19(1)(a).
Answer: Secularism
SR Bommai (1994): Besides federalism, SC held secularism is part of basic structure. Secularism means: (a) State has no religion, (b) Equal respect for all religions, (c) No discrimination based on religion, (d) Religion and politics separated. State action promoting one religion violates secularism; can be ground for judicial review of Presidential proclamation under Article 356. Foundation of Indian secularism jurisprudence.