Daily Five May 25 2017

Daily Five May 25 2017

 

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Prelims Questions (Polity)

  1. With reference to the “Official Secrets Act” consider the following statements:
    1. In case of a clash between RTI Act and Official Secrets Act, the RTI would prevail.
    2. The Second ARC recommended that the Official Secrets Act should be repealed.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2


 

  1. With reference to the Delimitation Commission, consider the following statements:
    1. The Delimitation Commission Act of 1952 provides for the readjustment of seats.
    2. The Delimitation Commission Act of 1952 does not provide for the reservation of the territorial constituencies.
    3. The orders issued by the Delimitation Commission can only be challenged in the Supreme Court.

Which of the statements given above is/are not correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3


  1. Which of the following provisions are covered under the Representation of People Act, 1951?
    1. Disputes regarding elections
    2. Conducting elections
    3. Registration of political parties

Select the correct answer from the code given below.

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2, 3

 


  1. Which of the following functions is not performed by the Comptroller and Auditor General (CAG) of India?

(a) To audit the Consolidated Fund of all the states and Union Territories with legislatures.

(b) To audit the Contingency Fund of India and Public Account of India.

(c) To audit private companies and PPP projects in cases where revenue sharing with the government is involved.

(d) To control the receipt and issue of public money, and to ensure that the public revenue is lodged in the exchequer.


  1. With regard to removal of the Election Commissioners, consider the following statements:
    1. They cannot be removed from office except on the recommendation of the Chief Election Commissioner (CEC).
    2. Recommendation of the CEC is binding on the President.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) 1 and 2

(d) None



Answers

Q 1.B

  • Statement 1 is incorrect. The RTI Act, 2005 clearly says that in case of a clash with the OSA, the public interest will prevail. Section 8(2) of the RTI Act says, “Notwithstanding anything in the Official Secrets Act, 1923, nor any of the exemptions permissible in accordance with subsection 8(1) of RTI Act, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.”
  • Statement 2 is correct. Second ARC recommended that The Official Secrets Act, 1923 should be repealed.” But the government rejected the recommendation, saying “The OSA is the only law to deal with cases of espionage, wrongful possession and communication of sensitive information detrimental to the security of the State.”

 

Q 2.B

  • Statement 1 is correct as the Delimitation Commission Act of 1952 provides for the readjustment of seats.
  • Statement 2 is incorrect as it also provides for delimitation and reservation of territorial constituencies and other related matters.
  • Statement 3 is incorrect as the orders issued by the Delimitation commission cannot be challenged in any court.

Q 3.D

 

RPA Act 1951 includes:

  1. Actual conduct of elections.
  2. Administrative machinery for conducting elections.
  3. Poll
  4. Election offences.
  5. Election disputes.
  6. By-elections.
  7. Registration of political parties.

Hence 1, 2 and 3 are correct.

Q 4.D

  • Option (a) is correct. Along with with Consolidated Fund of India, CAG also audits the Consolidated Funds of all the states and Union Territories with legislatures.
  • Option (b) is correct. CAG audits the Contingency Fund of India and Public Account of India as well as those of states.
  • Option (c) is correct. CAG audits the private companies and PPP projects in cases where revenue sharing with the government is involved.
  • Option (d) is incorrect. Under Article 148-151 the CAG in no way control the receipt and issue of money. He is only an auditor.

Q 5.A

  • Statement 1 is correct: As per the Constitution, any election commissioner or regional commissioner cannot be removed from office except on the recommendation of the CEC.
  • Statement 2 is incorrect: It is not binding on the President. One such case has already come up in 2009 when the President has rejected the proposal of the CEC to remove the election commissioner from office.
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