UPSC IAS PRELIMS 2019 GS PAPER I DETAILED EXPLANATIONS PART -IV, Q 31 TO Q 40

Q 31. Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:

1. PVTGs reside in 18 States and one Union Territory.

2. A stagnant or declining population is one of the criteria for determining PVTG status.

3. There are 95 PVTGs officially notified in the country so far.

4. Irular and Konda Reddi tribes are included in the list of PVTGs.

Which of the statements given above are correct?

(a) 1, 2 and 3

(b) 2, 3 and 4

(c) 1, 2 and 4

(d) 1, 3 and 4

Answer: c

EXPLANATION

Particularly vulnerable tribal group (PVTG) (earlier: Primitive tribal group) is a government of India classification created with the purpose of enabling improvement in the conditions of certain communities with particularly low development indices.

The Dhebar Commission (1960-1961) stated that within Scheduled Tribes there existed an inequality in the rate of development. During the fourth Five Year Plan a sub-category was created within Scheduled Tribes to identify groups that considered to be at a lower level of development. This was created based on the Dhebar Commission report and other studies. This sub-category was named “Primitive tribal group”. The features of such a group include a pre-agricultural system of existence, that is practice of hunting and gathering, zero or negative population growth, extremely low level of literacy in comparison with other tribal groups.

There are 75 PVTGs officially notified in the country so far.

Q 32. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

(c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

(d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

Answer: b

EXPLANATION

ARTICLE 142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself

Q 33. With reference to the Legislative Assembly of a State in India, consider the following statements:

1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.

2. When a State Legislature does’ not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

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

Answer: a

Q 34. Consider the following statements:

1. The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air’.

2. The UNCAC is the ever-first legally binding global anti-corruption instrument.

3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.

4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member States to assist in the implementation of both UNCAC and UNTOC.

Which of the statements given above are correct?

(a) 1 and 3 only

(b) 2, 3 and 4 only

(c) 2 and 4 only

(d) 1, 2, 3 and 4

Answer: c

United Nations Convention against Corruption

The United Nations Convention against Corruption is the only legally binding universal anti-corruption instrument.  The Convention covers many different forms of corruption, such as bribery, trading in influence, abuse of functions, and various acts of corruption in the private sector. A highlight of the Convention is the inclusion of a specific chapter on asset recovery, aimed at returning assets to their rightful owners, including countries from which they had been taken illicitly.

Protocol against the Smuggling of Migrants by Land, Sea and Air

The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime, was adopted by the United Nations General Assembly in 2000. It is also referred to as the Smuggling Protocol.

Q 35. Consider the following statements:

1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.

2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.

3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.

Which of the statements given above is / are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

Answer: d

EXPLANATION

Amendment to the Indian Forest Act, 1927

The government of India recently amended the Indian Forest Act, 1927, and the new changes can transform the bamboo sector. Before, bamboo was categorised as a tree. As a result, felled or extracted bamboo, whether found in or brought from a forest, was considered as “timber”.

After amending Section 2(7) of Indian Forest Act, 1927, bamboo is no longer a tree and felled bamboo too is not timber. So any bamboo grown in private or homestead land by millions of farmers does not require a felling permission or transit permission from any state forest department.

THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006

“Minor forest produce” includes all non-timber forest produce of plant origin including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers and the like.

Q 36. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

(a) Article 19

(b) Article 21

(c) Article 25

(d) Article 29

Answer: b

EXPLANATION

“The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”, the Supreme Court has said in April 2018 and set aside a 2017 order of the Kerala High Court which annulled the marriage of Kerala Muslim convert girl Hadiya and Shefin Jahan.

The three-judge bench delivered two separate detailed concurring judgments, one by Chief Justice Dipak Misra and Justice A M Khanwilkar and the other by Justice D Y Chandrachud.

“The choice of a partner whether within or outside marriage lies within the exclusive domain of each individual. Intimacies of marriage lie within a core zone of privacy, which is inviolable. The absolute right of an individual to choose a life partner is not in the least affected by matters of faith. The Constitution guarantees to each individual the right freely to practise, profess and propagate religion. Choices of faith and belief as indeed choices in matters of marriage lie within an area where individual autonomy is supreme…Neither the state nor the law can dictate a choice of partners or limit the free ability of every person to decide on these matters. They form the essence of personal liberty under the Constitution”, wrote Justice Chandrachud.

Q 37. Consider the following statements:

1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.

2. In India, there is no Intellectual Property Appellate Board.

3. Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

(a) 1 and 3 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

Answer: c

EXPLANATION

The Intellectual Property Appellate Board (IPAB) was constituted on September 15, 2003 by the Indian Government to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

Q 38. Consider the following statements:

The Environment Protection Act, 1986 empowers the Government of India to

1. state the requirement of public participation in the process of environmental protection, and the procedure and manner in which it is sought

2. lay down the standards for emission or discharge of environmental pollutants from various sources

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

Answer: c

Q 39. As per the Solid Waste Management Rules, 2016 in India, which one of the following statements is correct?

(a) Waste generator has to segregate waste into five categories.

(b) The Rules are applicable to notified urban local bodies, notified towns and all industrial townships only.

(c) The Rules provide for exact and elaborate criteria for the identification of sites for landfills and waste processing facilities.

(d) It is mandatory on the part of waste generator that the waste generated in one district cannot be moved to another district.

Answer: c

EXPLANATION

Some of the salient features of SWM Rules, 2016 include

1. The Rules are now applicable beyond Municipal areas and extend to urban agglomerations, census towns, notified industrial townships, areas under the control of Indian Railways, airports, airbase, Port and harbour, defence establishments, special economic zones, State and Central government organizations, places of pilgrims, religious & historical importance.

2. The source segregation of waste has been mandated to channelize the waste to wealth by recovery, reuse and recycle.

3. Responsibilities of Generators have been introduced to segregate waste in to three streams, Wet (Biodegradable), Dry (Plastic, Paper, metal, wood, etc.) and domestic hazardous wastes (diapers, napkins, empty containers of cleaning agents, mosquito repellents, etc.) and handover segregated wastes to authorized rag-pickers or waste collectors or local bodies.

4. Integration of waste pickers/ ragpickers and waste dealers/ Kabadiwalas in the formal system should be done by State Governments, and Self Help Group, or any other group to be formed.

5. No person should throw, burn, or bury the solid waste generated by him, on streets, open public spaces outside his premises, or in the drain, or water bodies.

6. Generator will have to pay ‘User Fee’ to waste collector and for ‘Spot Fine’ for Littering and Non-segregation.

7. Used sanitary waste like diapers, sanitary pads should be wrapped securely in pouches provided by manufacturers or brand owners of these products or in a suitable wrapping material and shall place the same in the bin meant for dry waste / non- bio-degradable waste.

8. The concept of partnership in Swachh Bharat has been introduced. Bulk and institutional generators, market associations, event organizers and hotels and restaurants have been made directly responsible for segregation and sorting the waste and manage in partnership with local bodies.

9. All hotels and restaurants should segregate biodegradable waste and set up a system of collection or follow the system of collection set up by local body to ensure that such food waste is utilized for composting / biomethanation.

10. All Resident Welfare and market Associations, Gated communities and institution with an area >5,000 sq. m should segregate waste at source- in to valuable dry waste like plastic, tin, glass, paper, etc. and handover recyclable material to either the authorized waste pickers or the authorized recyclers, or to the urban local body.

11. The bio-degradable waste should be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local authority.

12. New townships and Group Housing Societies have been made responsible to develop in-house waste handling, and processing arrangements for bio-degradable waste.

13. Every street vendor should keep suitable containers for storage of waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits etc. and deposit such waste at waste storage depot or container or vehicle as notified by the local authority.

14. The developers of Special Economic Zone, industrial estate, industrial park to earmark at least 5% of the total area of the plot or minimum 5 plots/ sheds for recovery and recycling facility.

15. All manufacturers of disposable products such as tin, glass, plastics packaging etc. or brand owners who introduce such products in the market shall provide necessary financial assistance to local authorities for the establishment of waste management system.

16. All such brand owners who sale or market their products in such packaging material which are non-biodegradable should put in place a system to collect back the packaging waste generated due to their production.

17. Manufacturers or Brand Owners or marketing companies of sanitary napkins and diapers should explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

18. All such manufacturers, brand owners or marketing companies should educate the masses for wrapping and disposal of their products.

19. All industrial units using fuel and located within 100 km from a solid waste based RDF plant shall make arrangements within six months from the date of notification of these rules to replace at least 5 % of their fuel requirement by RDF so produced.

20. Non-recyclable waste having calorific value of 1500 K/cal/kg or more shall not be disposed of on landfills and shall only be utilized for generating energy either or through refuse derived fuel or by giving away as feed stock for preparing refuse derived fuel.

21. High calorific wastes shall be used for co-processing in cement or thermal power plants.

22. Construction and demolition waste should be stored, separately disposed off, as per the Construction and Demolition Waste Management Rules, 2016

23. Horticulture waste and garden waste generated from his premises should be disposed as per the directions of local authority.

24. An event, or gathering organiser of more than 100 persons at any licensed/ unlicensed place, should ensure segregation of waste at source and handing over of segregated waste to waste collector or agency, as specified by local authority.

25. Special provision for management of solid waste in hilly areas:- Construction of landfill on the hill shall be avoided. A transfer station at a suitable enclosed location shall be setup to collect residual waste from the processing facility and inert waste. Suitable land shall be identified in the plain areas, down the hill, within 25 kilometers for setting up sanitary landfill. The residual waste from the transfer station shall be disposed off at this sanitary landfill.

26. In case of non-availability of such land, efforts shall be made to set up regional sanitary landfill for the inert and residual waste.

Q 40. Consider the following statements:

As per the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018.

1. if rules for fixed-term employment are implemented, it becomes easier for the firms/companies to layoff workers.

2. no notice of termination of employment shall be necessary in the case of temporary workman.

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

Answer: c

EXPLANATION

The government has notified fixed term employment for all sectors through an amendment to the Industrial Employment (Standing Orders) Central Rules, 1946. Fixed-term employment for all sectors will make it easier for companies to hire-and-fire workers along with reducing the role of middlemen.

As per the the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018, a “fixed term employment workman is a workman who has been engaged on the basis of a written contract of employment for a fixed period”. No employer of an industrial establishment shall convert the posts of the permanent workmen existing in his industrial establishment on the date of commencement of the amended rules, that is, March 16 as fixed term employment thereafter.

The notified rules for fixed term employment provide for equal work hours, wages, allowances and other benefits as that of a permanent workman along with all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute.

However, no workman employed on fixed term employment basis as a result of non-renewal of contract or employment or on its expiry shall be entitled to any notice or pay in lieu thereof, if his services are terminated. No notice of termination of employment shall be necessary in the case of temporary workman whether monthly rated, weekly rated or piece rated and probationers or badli workmen.

The government had notified fixed-term employment for apparel manufacturing sector only in February 2017. In December, the Union Cabinet approved proposed extension of fixed-term employment to leather, footwear and accessories industries.

While presenting the Union Budget for 2018-19, Finance Minister had said that the facility of fixed term employment will be extended to all sectors.

The move towards fixed-term employment will make it easier for companies to layoff workers, which could have a bearing upon job creation in the country. As per the International Labour Organization’s World Employment and Social Outlook for 2018, India’s unemployment rate is estimated to rise to 3.5 per cent for 2018 from 3.4 per cent estimated earlier. In absolute terms, the country’s unemployment is estimated to have risen to 18.3 million in 2017 from 17.8 million projected earlier, while for 2018, the ILO estimates unemployment to increase to 18.6 million from 18.0 million estimated earlier in its previous employment outlook report.