UPSC CSE Prelims
Constitutional and Political Developments Previous Year Questions (PYQs)

Detailed Explanation:

Statement 1 — Correct. Under Section 173(1) of BNSS, 2023, a Zero FIR can be lodged at any police station regardless of territorial jurisdiction for cognizable offences. The receiving station must forward it to the jurisdictionally competent station after registration.

Statement 2 — Incorrect. While Section 173(3) of BNSS allows for a preliminary enquiry, it is not specifically tied to Zero FIR registration. It applies to cognizable offences punishable by 3 to 7 years of imprisonment and requires prior permission of a competent authority — the statement incorrectly links it exclusively to Zero FIR.

Statement 3 — Incorrect. Electronic submission of information is not mandatory. Section 173(1) allows information to be given either orally OR by electronic communication — it is an option, not an obligation.

Key Distinctions:

Detailed Explanation:

Correct Answer: ✅ Option 3 — Statements 2 and 3 only

The Nari Shakti Vandan Adhiniyam, 2023 (106th Constitutional Amendment Act) provides 33% reservation for women in the Lok Sabha and State Legislative Assemblies. However, the reservation will come into force only after a fresh census and subsequent delimitation exercise, not from the 18th Lok Sabha.

❌ Statement 1 is Incorrect: The reservation does not take effect from the 18th Lok Sabha. It will be implemented only after the first Census conducted after the Act and the subsequent delimitation process.

✅ Statement 2 is Correct: The reservation is provided for 15 years from the date of commencement of the Act, though Parliament may extend it through legislation.

✅ Statement 3 is Correct: The Act provides reservation for SC women and ST women within the seats already reserved for Scheduled Castes and Scheduled Tribes.

Short Notes: Nari Shakti Vandan Adhiniyam, 2023

• Enacted through the 106th Constitutional Amendment Act, 2023.

• Provides 33% reservation for women in the Lok Sabha and State Legislative Assemblies.

• Includes reservation for SC/ST women within the existing SC/ST quota.

• Reservation will be implemented after the next Census and delimitation exercise.

• New Article 334A was inserted in the Constitution.

• Reservation will remain in force for 15 years, unless extended by Parliament.

• Does not provide reservation in the Rajya Sabha or State Legislative Councils.

• Aims to increase women's participation in legislative decision-making.

Detailed Explanation:

Answer: Option 2 — Only two

This question tests knowledge of various Acts related to law enforcement and public safety. Out of the three pairs, two are correctly matched while one pair incorrectly associates an offense with the wrong Act.

✅ Pair 1 – Correct: The Official Secrets Act, 1923 indeed prohibits unauthorized wearing of naval, military, air force, police, or other official uniforms under Section 7.

❌ Pair 2 – Incorrect: Knowingly misleading or interfering with a police officer or military officer is covered under The Official Secrets Act, 1923 (Section 6), not the Indian Evidence Act, 1872.

✅ Pair 3 – Correct: The Arms (Amendment) Act, 2019 explicitly includes provisions against celebratory gunfire that endangers human life or personal safety of others.

📝 Short Notes: Official Secrets Act, 1923 & Arms Act

Detailed Explanation:

Answer: Option 2 — 2 Only

This question tests the understanding of the difference between judicial custody and police custody under Indian criminal procedure. Statement 1 incorrectly describes judicial custody, while Statement 2 correctly explains the interrogation restrictions during judicial custody.

❌ Statement 1 – Incorrect: Judicial custody means the accused is in the custody of the concerned magistrate and is locked up in jail, not in a police station. Police custody involves lodging the accused in a police station lockup.

✅ Statement 2 – Correct: During judicial custody, the police officer in charge cannot interrogate the suspect without court approval. The court may permit interrogation if deemed necessary, but such permission is mandatory.

📝 Short Notes: Police Custody vs Judicial Custody

Detailed Explanation:

Answer: Option 2 — 2 Only

This question tests the understanding of parole provisions in India. While prisoners can apply for parole, it is not an automatic right but a discretionary relief granted by authorities. State governments frame their own parole rules within the framework of central prison legislation.

❌ Statement 1 – Incorrect: Parole is not a matter of right but a discretionary privilege granted by prison authorities. Even if a prisoner makes a sufficient case, the authorities retain the discretion to deny parole based on various factors including security concerns, nature of crime, and conduct of the prisoner.

✅ Statement 2 – Correct: State governments have formulated their own Prisoners Release on Parole Rules within the broad framework of the Prisons Act, 1894 and the Prisoners Act, 1900, as prison and law and order are state subjects under the Seventh Schedule.

📝 Short Notes: Parole and Furlough in India

• Parole: Temporary release granted on specific grounds (family emergencies, medical issues, etc.) as a discretionary privilege, not a right.
• Furlough: Periodic release granted to long-term prisoners as a matter of right to maintain family ties and prevent institutionalization.
• Legal Framework: Governed by the Prisons Act, 1894 and Prisoners Act, 1900 at the central level; states frame detailed rules.
• Prison as State Subject: Under Entry 4, List II (State List) of the Seventh Schedule, allowing states to make their own parole rules.
• Judicial Position: Supreme Court has held that parole is discretionary and can be denied even if grounds are established (State of Haryana v. Mohinder Singh, 2000).

Detailed Explanation:

Answer: Option 2 — 2 and 4 only

The Supreme Court's 2018 Aadhaar judgment struck down Section 57 (preventing private entities from using Aadhaar) and upheld Section 7 (allowing Aadhaar for welfare schemes funded by the Consolidated Fund of India). The Court also ruled that metadata storage is limited to six months, not three, and that Aadhaar cannot be made mandatory for services like insurance.

✅ Statement 1 – Incorrect: Aadhaar metadata can be stored for six months, not three months, as per the Supreme Court ruling.
✅ Statement 2 – Correct: Section 57 was struck down, prohibiting the State from contracting with private corporations for sharing Aadhaar data.
❌ Statement 3 – Incorrect: The Supreme Court ruled that Aadhaar is not mandatory for insurance products or other financial services.
✅ Statement 4 – Correct: Section 7 was upheld, making Aadhaar mandatory for benefits funded from the Consolidated Fund of India.

📝 Short Notes: Supreme Court Aadhaar Judgment (2018)

Detailed Explanation:

Answer: Option 2 — 2 only

The Right to Education (RTE) Act, 2009, mandates specific qualifications and eligibility criteria for teachers. Statement 2 is the only correct statement as it accurately reflects the requirement of passing the Teacher Eligibility Test (TET) conducted as per NCTE guidelines for teaching primary classes.

❌ Statement 1 – Incorrect: The minimum qualifications for teachers are laid down by the National Council for Teacher Education (NCTE), not by State Councils of Teacher Education. The NCTE is the national authority that sets uniform standards across India.

✅ Statement 2 – Correct: As per the RTE Act, candidates must pass the Teacher Eligibility Test (TET) conducted in accordance with NCTE guidelines to be eligible for teaching primary classes (Classes I to V).

❌ Statement 3 – 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 about 33% are government-run. This is contrary to the claim that more than 90% are directly under State Governments.

📝 Short Notes: Right to Education Act and Teacher Eligibility