Flash-Cards-Quiz-for-IAS-Prelims-2018-Revision-Day-51
70 Days WAR Plan

Day#51 Static Flash Cards Revision [70 Days WAR Plan]

Jaipal Singh Munda (1903-1970); Article 3; Removal and suspension of Chairperson and Members of Lokpal; Rajah-Moonje Pact; Deputy Chairman of the Rajya Sabha; Bande Mataram; Free Hindustan; Islamic Fraternity; Composition of Rajya Sabha; Leader of the Opposition; Annaprasana, Medhajanan, Upakarma; I.R. Coelho Case; Kihoto Hollohan case;
By IT's Core Team
May 11, 2019

 

 

 

The i) I.R. Coelho Case and ii) Kihoto Hollohan case are related to which schedule of Indian constitution?

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Answer:

  • The I.R. Coelho Case are related to 9th schedule of the constitution.
  • The Kihoto Hollohan case related to 10th schedule of the constitution.

Enrich Your Learning:

I.R. Coelho Case:

  • In Coelho case, popularly known as 9th schedule case, the nine judges’ bench, headed by the then Chief Justice of India Y K Sabharwal delivered a unanimous verdict in January, 2007, upholding the authority of the judiciary to review any law, which destroy or damage the basic structure as indicated in fundamental rights, even if they have been put in 9th schedule.
  • The main issue in I.R. Coelho vs. State of Tamil Nadu was the nature and character of protection provided by Article 31-B to laws added to the Ninth Schedule after 24th April 1973.
  • The challenge to the nine-Judge Bench was to decide whether an Act or Regulation which, or a part of which, is or has been found by the Supreme Court to be violative of one or more of the fundamental rights conferred by Articles 14, 19 and 31 can be included in the Ninth Schedule or whether it is only a constitutional amendment amending the Ninth Schedule which damages or destroys the basic structure of the Constitution that can be struck down.
  • In the case of Tamil Nadu, which has the protection of 9th schedule and had extended the reservation up to 69%, the exceeded limit is under challenge before the apex court.

Historical Background of the Ninth Schedule:

  • After the Constitution was enacted, several agrarian and land reforms legislations were passed. These were challenged in State High Courts on the ground of violation of fundamental rights. The Patna High Court struck down certain land reform legislation as being violative of fundamental rights.
  • The Union Government, with a view to put an end to all this litigation, passed in Parliament the Constitution [First Amendment] Act, 1951.
  • By this amendment Article 31-B and Ninth Schedule were enacted in the Constitution. The intent was that any legislation placed in the Ninth Schedule could not be challenged on the ground that it was violative of any fundamental right.
  • Only thirteen Acts, all dealing with agrarian reforms, were initially placed in the Ninth Schedule. In course of time, that number increased to 284. Many of the Acts, which had no relation with agrarian or socio-economic reforms, were indiscriminately placed in the Ninth Schedule.

Kihoto Hollohan case:

  • Kihoto Hollohan case referred as the case where the constitution bench of the Supreme Court analysed in detail the various provisions of the 52nd amendment of the constitution which inserted a new schedule (tenth schedule) elaborating various provisions to protect the parties from defection.
  • The amendment happened in the year 1985 and followed by much uproar which ultimately led to filing a PIL and resulting into the decision in the year 1992 declaring the amendment completely legal with certain interpretation regarding judicial review.

 

 

 

In context of ancient India, what were the Annaprasana, Medhajanan, Upakarma etc.?

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Answer & Enrich Your Learning:

Educational rituals (sanskaras) in ancient India:

There are nine educational rituals:

  1. Garvadhana Ceremony:
  • At the pre-natal stage, the role of the mother in the education of her child is significant. It was rightly thought that the child’s education did not actually begin with the teacher or the preceptor to whom he went during the Brahmacharya Ashrama. But it actually began with the mother who brought him into the world.
  • Certain ceremonies were held just at the time of inception of the child. Its main purpose was to take good care of the child. It was known as the “Garvadhana” ceremony.
  1. Jatakarma:
  • The second ceremony was held after the birth of the child. It was a post­natal ceremony and known as Jatakarma.
  1. Annaprasana:
  • The third ceremony was known as the Annaprasana when the child is given food for the first time. The real significance of this ritual was that it was the duty of the mother to provide food to the child for proper nourishment.
  1. Vidyarambha Ritual (Sanskara):
  • It followed Chudakarana or the Tonsure ceremony, i.e., shaving the head of the child. This was the beginning of home or primary education of the child at the age of 5.
  • This was also known as ‘Aksharasvikaranam’ meaning commencement of primary education or learning of the alphabet.
  1. Upanayana (Initiation or Thread Ceremony):
  • Formal or regular education of the child started with this ceremony.
  • It was the beginning of the Vedic studies of the child under the care of a Guru and as such it has immense educational significance.
  • The normal age for Upanayana is 8 for a Brahmana, 11 for a Kshatriya, and 12 for a Vaisya (Manu and Yajnavalka).
  • The Upanayana of a Brahmana should be performed in the season of Spring (Vasanta), that of a Kshatriya in Summer (Grishma), and that of a Vaisya in Autumu (Sarat).
  • Upanayana accomplishes a second birth which is purer in its origin than man’s natural birth. After Upanayana “Gayatri” is his mother, and Acharya is his father.
  • The Upanayana signifies the spiritual birth of the Brahmacharin. This birth is the superior birth than the physical birth, as it originates from knowledge. Thus all are “twice-born” by Upanayana and become known as Dvijas.
  1. Medhajanana:
  • After three days’ observance of the Savitri Vrata, the ceremony of Upanayana is ended by the performance of the Medhajanana rite whereby the gods are invoked for the development of the Brahmachari’s mental powers (memory, intelligence etc.)
  • The courses of study included the four Vedas, the six Angas (Siksha, Kalpa, Vyakarana, Chhanda, Nirukta, Jyotisha), the Upanishads, the Mantras and the Brahmanas.
  1. Upakarma:
  • Upakarma was meant for study and Conservation of the Vedic texts. It also included invocation of appropriate deities.
  • This ritual was performed by the teacher and the student at the beginning of the academic session on the onset of the monsoon. The ceremony was held on the day of Sravana Purnima, i.e. full-moon day of the month of Sravana (July-August).
  1. Utsarjana:
  • This ceremony is also called dispersal ceremony. This was performed at the end of the academic session in the full-moon day of the month of Pausha (Jan-Feb). It marked the close or end of each year’s work.
  1. Samavaj-tana or Convocation Ritual:
  • It is also known as “Snana” ritual. Samavartana generally means graduation.
  • It means-the returning home of the student.
  • It is a very simple ceremony and was performed by the student (Brahmachari) at the end of his studentship (Brahmacharya period).
  • It marks the termination or close of the education course, i.e. when the education of the student was over. There was no definite age for this ritual.

 

 

 

Only those leaders can be recognised as Leader of the Opposition (LOP) whose party has at least 10% of seats in the Lok Sabha. True OR False.

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Solution:

False

Explanation: There is no such Rule. According to some sections media, there is a 10% rule for any Parliamentary Party’s leader to be recognised as the Leader of the Opposition in the Lok Sabha. However, nothing in the Rules of Business of the Lok Sabha contains such a requirement.

Enrich Your Learning:

Leader of the Opposition:

  • “Leader of the Opposition” is in relation to either House of Parliament, means that member of the Council of States or the House of the People, as the case may be, who is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.
  • In other words, where there are two or more parties in opposition to the Government, in the Council of States or in the House of the People having the same numerical strength, the Chairman of the Council of States or the Speaker of the House of the people, as the case may be, shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive.”

 

 

 

What should be the quorum to constitute a meeting of Rajya Sabha?

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Answer:

  • It is one-tenth of the total members of the House, i.e., 25 members.

Enrich Your Learning:

Composition of Rajya Sabha:

  • The maximum strength of Rajya Sabha is 250 Members, of which 238 are to be elected and 12 are to be nominated by the President of India.
  • The number of members varies from State to State. The Fourth Schedule to the Constitution provides for the allocation of seats to various States and Union Territories. The State of Uttar Pradesh has maximum number of members (31). The States of Arunachal Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura have got only 1 member each.
  • Out of seven Union Territories, only two Union Territories namely Delhi and Puducherry are represented in Rajya Sabha as only these two Territories have Assemblies. Four members are elected from these Union Territories (3 from Delhi and 1 from Puducherry).
  • The term of a member is six years; but a member elected in a bye-election serves for the remainder of the term of the vacancy caused.
  • One-tenth of the total members of the House, i.e., 25 members are required to constitute a meeting of Rajya Sabha.

 

 

 

In context of British ruling time, who published i) Bande Mataram ii) Free Hindustan and iii) Islamic Fraternity?

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Answer:

  • Bande Mataram: Aurobindo Ghosh
  • Free Hindustan: Tarankanath Das
  • Islamic Fraternity: Barkatullah Bhopali

Enrich Your Learning:

Bande Mataram:

  • The Bande Mataram was an English language newspaper founded in 1905 by Aurobindo Ghosh.
  • The Bande Mataram was almost unique in journalistic history in the influence it exercised in converting the mind of a people and preparing it for revolution.

Free Hindustan:

  • In 1905, Tarankanath Das sailed to japan and lived there in exile under an assumed name Tarak Brahmachari and after one year.
  • He went to San Francisco(USA) and launched his journal named “Free Hindustan”. With its columns he started influencing the American public opinion about the real condition of India and circulated the cause of a free Indian republic.

Islamic Fraternity:

  • Barkatullah Bhopali started a journal ‘Islamic Fraternity’, while working as a professor from Japan in 1909.
  • The ‘Islamic Fraternity’ was banned by the British in 1912 because of its anti-government stand and for supporting the revolutionaries.

 

 

 

Deputy Chairman of the Rajya Sabha is not subordinate to the Chairman of Rajya Sabha and is directly responsible to the House. Right/Wrong?

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Solution:

  • Right

Enrich Your Learning:

Deputy Chairman of the Rajya Sabha

  • The Deputy Chairman presides over the Rajya Sabha in the absence of the Chairman and performs the duties of the office of the Chairman if the Vice-President is acting as President or if there is a vacancy in the office of the Vice-President.
  • The Deputy Chairman is elected internally by the Rajya Sabha for the term of Six years.
  • Salaries and allowances are decided by the Parliament and are charged upon the Consolidated Fund of India.
  • For removing the Deputy Chairman, a resolution supported by an absolute majority of the Rajya Sabha is required.
  • The functions and powers of the Deputy Speaker are very similar to the Deputy Speaker of the Lok Sabha. In his task as Chairman, he is assisted by the Deputy Chairman who is a member of the House and elected by it.
  • Deputy Chairman is not subordinate to the Chairman of Rajya Sabha and is directly responsible to the House.
  • For leaving his post, he has to address his resignation to the Chairman of the Rajya Sabha.

Key Facts:

  • The Chairman of Rajya Sabha, from time to time, nominates a panel of not more than six Vice-Chairmen, any one of whom may preside over the Council in the absence of the Chairman and the Deputy Chairman when so requested by the Chairman, or in his absence, by the Deputy Chairman.

 

 

 

Which was the first ever agreement on reservations and a joint electorate between Caste Hindus and the Depressed Classes?

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Solution:

  • The Raja-Moonje Pact

Enrich Your Learning:

Rajah-Moonje Pact:

  • The ‘Rajah-Moonje Pact’ (R-MP) was signed in early 1932 between Dr B.S. Moonje and M. C. Rajah.
  • It was announced in February 1932 amidst a raging controversy on the appropriate means of ensuring representation to the Depressed Classes in the provincial legislatures.
  • The Rajah-Moonje Pact was the first ever agreement On reservations and a joint electorate between Caste Hindus and the Depressed Classes.
  • In its outright rejection of separate electorates then advocated by the British and Dr. Ambedkar, it was a blow to divisive colonial politics and Ambedkars assertions to Depressed Class leadership.
  • The Rajah- Moonje Pact was superseded six months later by the Poona Pact, which reiterated the agreement on reservations for the Depressed Classes with a joint electorate.
  • The events surrounding the Rajah-Moonje Pact spotlight the conflicting approaches to the problem of the Depressed Classes throughout colonial rule.
  • The British, preoccupied with the political dimension, were from the time of the first decennial census in 1871-72, obsessed with the question whether Untouchables could properly be classified as Hindus.

 

 

 

What do you know about Removal and suspension of Chairperson and Members of Lokpal?

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Solution:

  • Lokpal members can be removed by President after the inquiry by a committee consists of CJI and 2 senior most SC judges.

Enrich Your Learning:

Removal and suspension of Chairperson and Members of Lokpal

  • According to section 37 of the act, the Lokpal shall not inquire into any complaint made against the Chairperson or any Member of its own institution.
  • The chairperson or member can be removed from his office by President on grounds of misbehaviour after a Presidential reference to Supreme Court on a petition signed by 100 MPs.
  • However, President can also remove the chairperson / members under exceptional circumstances such as if they are adjudged insolvent; or take a paid job or is / are unfit because if infirm mind or body in the opinion of president.

 

 

 

Who is popularly known as “Marang Gomke” by the Adivasis of Chhotanagpur?

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Solution:

  • Jaipal Singh Munda is known as Marang Gomke.

Enrich Your Learning:

Jaipal Singh Munda (1903-1970):

  • A multi-faceted personality, Jaipal Singh alias Pramod Pahan was a leader of the Adivasis, a champion sportsman, a distinguished parliamentarian, an educationist and a powerful orator.
  • He was born at the Takra village of Khunti in present Jharkhand state, in childhood, his job was to look after the cattle herd.
  • In 1928 Amsterdam Olympics, he captained the Indian hockey and won the gold medal.
  • In 1934, Jaipal joined teaching at the Prince of Wales College at Achimota, Gold Coast in Ghana.
  • In 1937, he returned to India as the principal incumbent of the Rajkumar College, Raipur.
  • In 1938, he joined the Bikaner princely State as foreign secretary. Jaipal thought that with his varied experience he could be more useful to the country through the Congress.
  • He met Rajendra Prasad at the Sadaaquat Ashram in Patna. He was offered to nominate him to the Bihar Legislative by then Governor of Bihar Sir Maurice Hallet.
  • He declined the offer and decided to go to Ranchi and assess the situation for himself.
  • Upon his return to Ranchi, the united Adivasi forum called Adivasi Sabha, formed in 1938, made him the president of the organisation. In 1939, about 65,000 people gathered to listen to Jaipal’s presidential speech.
  • His oratory, simultaneously in four languages — English, Hindi, Sadani and Mundari, mesmerised the masses.
  • He declared that the Adivasi movement stands primarily for the moral and material advancement of Chhotanagpur and Santhal Parganas.
  • Jaipal worked ceaselessly for a better future for his fellow Adivasis everywhere, even beyond the limits of south Bihar.
  • Later on the Adivasi Sabha became All Indla Adivasi Mahasabha. In the national political arena, Jaipal had separat from the Congress.
  • In 1940, he played an active role in the anti-Compromise Congress Conference at Ramgarh in close alliance with Subhash Chandra Bose.
  • Going against the Congress, he supported the British during the World War Il and recruited people from Chhotanagpur for the British army.
  • He was elected as a member of the Constituent Assembly, the Provisional Parliament in 1946. He was elected to the Parliament four times until his death in 1970.
  • He led his struggle to establish the Adivasi identity was supported by Ambedkar.
  • With the creation of the Jharkhand Party and the induction of non-Adivasis into it in 1950, he changed the emotive cultural movement in Jharkhand into a regional political movement.
  • The Jharkhand Party was the first legitimate political party and gave the direction to the future of Jharkhand politics.
  • The party also played a vital role in the formation of the government in Orissa in 1957.
  • Jaipal raised the issue of Adivasi identity in the Constituent Assembly. The dominant view in the Assembly showed a patronizing attitude towards the tribals.
  • The view was that discontentment in the tribal areas existed because of their exclusion from the mainstream development and emphasised that a civilizing mission and assimilation of tribals into the national mainstream could help them.
  • Participating in the debate on the Draft Constitution on August 24, 1949, Jaipal Singh countered the dominant view. In a speech on Adivasi identity, he emphasised that the tribal people were the true and original inhabitants of India. He said they had a claim to the whole of India. He also held that reservation of seats for tribals in the legislatures was necessary. He made attempts to separate the case of Scheduled Castes from that of the Scheduled Tribes. He pointed out that Adivasi community always emphasised on equality and democracy. He said that Adivasis are the most democratic people and they will not let India get smaller or weaker.

 

 

 

 

 

 

 

Why India is sometimes called ‘an indestructible union of destructible states’’?

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Solution:

  • The Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Hence, India is rightly described as ‘an indestructible union of destructible states’.

Enrich Your Learning:

Parliament’s Power to Reorganise the States

Article 3 authorises the Parliament to:

  • Form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,
  • Increase the area of any state,
  • Diminish the area of any state,
  • Alter the boundaries of any state, and
  • Alter the name of any state.

 

  • However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before the bill, the President has to refer the same to the State legislature concerned for expressing its views within a specified period.
  • The power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
  • The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them. even if the views are received in time.
  • It is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
  • In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
  • The Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
  • The Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’.
  • The Union government can destroy the states whereas the state governments cannot destroy the Union.
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