Information Commissions (Central and State)

Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.

Statement 1 is Correct: The Food Safety and Standards Act, of 2006 did supersede the Prevention of Food Adulteration Act, of 1954. It established a more comprehensive framework for ensuring food safety and regulating the food industry in India. Statement 2 is Incorrect: The Food Safety and Standards Authority of India (FSSAI) is an autonomous body, not under the direct control of the Director General of Health Services. While the Ministry of Health and Family Welfare oversees FSSAI, it functions independently with its own governing board and chairperson. Therefore, the correct answer is option (a) 1 only.

Statement 1 is incorrect. According to the Indian Patents Act (specifically Section 3(j)), biological processes for the production or propagation of plants and animals are not eligible for patents. This means creating a seed through a biological process cannot be patented. Statement 2 is incorrect. The Intellectual Property Appellate Board (IPAB) was established in India in 2003. It deals with appeals against decisions of the patent office and trademark registry. Statement 3 is correct. Plant varieties themselves are not patentable in India. However, the Protection of Plant Varieties and Farmers' Rights Act (PPVFR Act) provides a system for protecting the rights of plant breeders by granting them exclusive rights to sell propagating material of new varieties. _Note: the Tribunal Reforms Act, 2021 abolished various Tribunals including India's Intellectual Property Appellate Board (IPAB) and assigned their functions to the country's Commercial Courts and High Courts. However, UPSC asked this question in 2019 when an Appellate Board existed for intellectual property. Therefore correct answer is 3 only._

Statement 1 is correct. The Governor of RBI is appointed by the Central Government under the RBI Act, 1934. The Appointments Committee of the Cabinet (ACC), led by the Prime Minister, finalizes the selection. The tenure is typically four years, but the government has the authority to extend or terminate the term. Statement 2 is incorrect. The Constitution of India does not have any direct provision allowing the Central Government to issue directions to the RBI. However, Section 7 of the RBI Act, 1934, gives the Central Government the power to issue directions to the RBI in the public interest, but this is a statutory provision, not a constitutional one. Statement 3 is correct. The powers, functions, and responsibilities of the RBI Governor come from the Reserve Bank of India Act, 1934. The Act defines the Governor's role, monetary policy responsibilities, and overall authority over banking regulations.

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. The governor can make regulations for the peace and good government of a scheduled area after consulting the tribes' advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, and regulate the allotment of land to members of the scheduled tribes. Option B is incorrect. According to the provisions of Paragraph 4, under Article 244(1) of the Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. The tribal advisory council is an advisory body, not a governing body. Option C is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not convert the area into a Union Territory. Option D is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not get declared as a Special Category State.