FCRA Bill — expanding state control over civil society

Statement 1 is incorrect: As per the RTE Act, the minimum qualification for teachers is set by the National Council for Teacher Education (NCTE), not the state council. Statement 2 is correct: The RTE Act mandates that candidates must pass the Teacher Eligibility Test (TET) to qualify for teaching primary classes. The NCTE sets the guidelines for conducting this test. Statement 3 is incorrect: According to the All India Survey on Higher Education (AISHE) 2019-20, approximately 67% of teacher education institutions in India are privately managed, while only around 33% are government-run. Hence, the correct answer is option (b) 2 only.

* The legislation described would violate Article 14 of the Indian Constitution. * Article 14 guarantees Equality Before Law and Equal Protection of Laws. This means that laws must be applied fairly and consistently, and everyone should be treated equally under the law. * Legislation that gives unchecked power to the executive or administration to apply the law violates this principle. Option B is incorrect. Article 28 is related to the right to freedom of religion. Option C is incorrect. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens. Option D is incorrect. Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

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._

* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.

The Ninth Schedule was introduced by the First Constitutional Amendment Act, 1951 to protect certain laws, particularly those related to land reforms, from judicial review. Prime Minister Jawaharlal Nehru introduced the Constitution (First Amendment) Bill in the Lok Sabha in 1951. This amendment aimed to safeguard progressive socio-economic legislation from being struck down by courts on the grounds of violating fundamental rights, particularly the right to property under Article 31 (which was later repealed by the 44th Amendment in 1978).

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.

Previously a Fundamental Right
- Before 1978, the Indian Constitution guaranteed the right to property as a fundamental right under Article 19(1)(f) and Article 31.
- This meant citizens had the right to acquire, hold, and dispose of their property.
- Article 31 also ensured that the government couldn't take over private property without due compensation and for public purposes only. Change in 1978
- The 44th Amendment Act of 1978 changed the status of the Right to Property.
- Articles 19(1)(f) and 31 were removed from the list of fundamental rights.
- A new Article, 300-A, was introduced under Part XII of the Constitution. Current Status: A legal right available to any person.
- Article 300-A states, "No person shall be deprived of his property save by authority of law."
- This means the government can still acquire private property, but only under legal authorization.
- The law should be fair and reasonable, and the government has the power to decide the quantum of compensation.

A constitutional government is, by definition, a limited government. In a constitutional government, the powers of the government are restricted by a constitution. This document sets out the rules, principles, and framework within which the government must operate. One of the core features of a constitutional government is the separation of powers. This principle divides the governmental authority into distinct branches (legislative, executive, and judiciary) to ensure that no single branch gains too much power. It also guarantees fundamental rights, ensuring government actions remain within a legal framework. Thus, a constitutional government operates under checks and balances, preventing absolute power and upholding the rule of law.

Statement 1 is correct: Under Article 96(1), the Speaker cannot preside over the House while a resolution for their removal is active, even if they are present. Statement 2 is incorrect: Under Article 96(2), the Speaker maintains the right to speak and participate in the proceedings of the House during the consideration of the removal resolution. Statement 3 is incorrect: According to Article 96(2), the Speaker is entitled to vote only in the first instance. They do not have a "casting vote" (the vote used to break a tie/second instance) in this specific scenario.

Among the listed bodies, only the Inter-State Council is established by the Constitution of India. The others are based on statutory or executive provisions. ✅ I. Inter-State Council – Correct
* Established under Article 263 of the Constitution to facilitate Centre-State coordination. ❌ II. National Security Council – Incorrect
* Formed in 1998 by an executive order, not mentioned in the Constitution. ❌ III. Zonal Councils – Incorrect
* Established under the States Reorganisation Act, 1956, a statutory but non-constitutional body.