POLL ANSWERS WITH EXPLANATION 16.07.2020

1.’Memorandum of Procedure’ often seen in the news is related to

a) Foreign Direct Investment

b) Judicial appointment

c) Lateral entry into civil services

d) Institute of Eminence

Answer: B

Memorandum of Procedure is the set of rules to be followed in the selection of the Chief Justice of India and other Judges of the higher judiciary. After striking down the 99th constitutional amendment act, the Supreme Court directed the Government to draft a memorandum of procedure for appointment of judges to the higher judiciary in India. This was seen as an attempt to reform the opaque collegium system that is followed presently in judicial appointments.

  1. Consider the following about the cVIGIL:

1. A mobile application launched by central vigilance commission to prevent corruption in government offices.

2. The complainer will receive the details action taken by authorities within 100 minutes.

Which of the above statements is/are correct?

a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2

Answer: B

STATEMENT 1: It is launched by the Election Commission of India to conduct free and fair elections. Hence , statement 1 is incorrect.

cVIGIL is a mobile application released by the Election Commission of India for effective implementation of Model Code of Conduct during Parliament and Assembly elections. It helps the citizen to send a complaint by capturing video or picture and sending it on the application. The action will be taken within 100 minutes and details will be sent the complainer.

  1. Consider the following statements about the DNA Technology bill, 2018:

1. All collection of DNA requires written consent by the individual who gives the sample.

2. The collection of DNA samples is applicable to both criminal cases and civil cases.

Which of the above statement is/are correct?

a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2

Answer: B

STATEMENT 1: consent not required for death row convicts or more than sevenyear imprisoned convicts. Hence statement 1 is incorrect.

The DNA Technology Bill regulates the use of DNA technology for establishing the identity of persons in respect of issues related to criminal matters and civil matters such as parentage disputes, emigration or immigration, and transplantation of a human organ.

DNA Data Bank will maintain the following indices:

  1. crime scene index.
  2. suspects or under trials index.
  3. offenders index.
  4. missing persons index.
  5. unknown deceased persons index.

Written consent by individuals is required to collect DNA samples from them.

Consent is not required for offenses with the punishment of more than seven years of imprisonment or death.

  1. With reference to the constitutional provisions for the minority in India consider the following statement:

1. The Constitution of India does not define the word minority.

2. Gujarat became the first state in India to grant minority status for Jews.

3. Muslims, Christians, Sikhs, Zoroastrians, Buddhists, and Jains are the only communities to which the Union Government has accorded the status of minority.

Which of the statements given above is/are correct?

a) 1 only

b) 1 and 3 only

c) 3 only

d) 1, 2 and 3

Answer: B

STATEMENT 2 is incorrect : Gujarat becomes the third state in India after Maharashtra and West Bengal to have granted minority status for Jews.

The Constitution of India does not define the word minority but refers to the word while according rights to religious and linguistic minorities and enshrines various provisions like article 25, 29, 30 for the protection of the rights and interests of the minorities.

The Union Government accords the status of minority communities to six religious communities viz. Muslims, Christians, Sikhs, Zoroastrians (Parsis), Buddhists, and Jains.

  1. The provisions of ‘religious denomination’ under article 26 of the constitution, needs to satisfy which of the following conditions?

1. It should be a collection of individuals who have a system of beliefs (doctrines) which they regard as conducive to their spiritual well-being

2. It should have a common organization.

3. It should be designated by a distinctive name.

Select the correct answer using the code given below.

(a) 1 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

Answer: D

Article 25 guarantees the rights of individuals, while Article 26 guarantees the rights of religious denominations or their sections. In other words, Article 26 protects collective freedom of religion. Like the rights under Article 25, the rights under Article 26 are also subject to public order, morality and health but not subject to other provisions relating to the Fundamental Rights.

The Supreme Court held that a religious denomination must satisfy three conditions:

  1. It should be a collection of individuals who have a system of beliefs (doctrines) which they regard as conducive to their spiritual well-being;
  2. It should have a common organization; and 3. It should be designated by a distinctive name.

Under the above criteria, the Supreme Court held that the ‘Ramakrishna Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu religion. It also held that Aurobindo Society is not a religious denomination.

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