The 2019 Codex
Questions 51 to 60 (Set A)
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?
The Secret Whisper
Official Key: (c) 1, 2 and 4
The Dhebar Commission (1973) created Primitive Tribal Groups (PTGs) as a separate category, later renamed to PVTGs. The criteria include: pre-agricultural level of technology, low level of literacy, economic backwardness, and a declining or stagnant population. (Statement 2 is true).
There are exactly 75 PVTGs officially notified in India, NOT 95. (Statement 3 is false, which immediately eliminates options A, B, and D).
They reside in 18 States and 1 UT (Andaman & Nicobar Islands). Both Irular (TN/Kerala) and Konda Reddi (Andhra Pradesh) are on the list.
Route: [REALM 51: PVTGs] & [REALM 37: Tribal Welfare]The 75 Vulnerable
The Supreme Decree
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?
The Secret Whisper
Official Key: (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
Article 142 grants the Supreme Court the unique, overriding power to pass any decree or order necessary for doing "complete justice" in any pending matter. This power is absolute and elevated above statutory laws. If an ordinary law made by Parliament restricts justice in a peculiar scenario, the Supreme Court can bypass that statute entirely to ensure equity and fairness.
Route: [REALM 152: Guardian of Constitution]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.
The Secret Whisper
Official Key: (a) 1 only
Statement 1 is True: Under Article 176(1), the Governor must address the Legislative Assembly at the commencement of the first session after each general election, and at the commencement of the first session of each year.
Statement 2 is False: State Legislatures are autonomous in their procedure. Under Article 208, a State Legislature makes its own rules. If no new rules are made, the rules that were in force in that specific state legislature before the commencement of the Constitution apply (with modifications by the Speaker/Chairman). They do not automatically default to the Lok Sabha rules.
Route: [REALM 215: Officers of State Legislature] & [REALM 202: Powers of Governor]The Governor's Podium
The Dual Treaties
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.
The Secret Whisper
Official Key: (c) 2 and 4 only
UPSC deliberately swapped the features of the two conventions to test your clarity.
Statement 1 is False: Smuggling of migrants is an organized crime. The protocol falls under UNTOC (the Palermo Convention), not UNCAC.
Statement 3 is False: Asset recovery (returning stolen public funds, like dictator loot) is the fundamental principle and major highlight of UNCAC (Chapter V), not UNTOC.
Statements 2 and 4 are True: UNCAC is indeed the first global legally binding anti-corruption tool, and the UNODC serves as the guardian and secretariat for both treaties.
Route: [REALM 109: International Treaties in Current Affairs]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.
The Secret Whisper
Official Key: (b) 2 and 3 only
The 2017 amendment to the Indian Forest Act changed the definition of a "tree" to exclude bamboo—but only when grown in NON-FOREST areas. If bamboo grows inside a notified forest area, it is still legally a tree under that Act, and felling it without permission is illegal. Therefore, Statement 1 is False.
However, under the progressive FRA 2006, bamboo is explicitly classified as a "Minor Forest Produce" (MFP). The Act specifically grants forest dwelling communities the right to own, access to collect, use, and dispose of all MFP. Thus, Statements 2 and 3 are True.
Route: [REALM 193: Forest Conservation Law] & [REALM 55: Forest Rights in India]The Bamboo Paradox
The Core of Liberty
Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?
The Secret Whisper
Official Key: (b) Article 21
This question was directly inspired by the Supreme Court's 2018 landmark judgments in the Hadiya case (Shafin Jahan v. Asokan K.M.) and the Khap Panchayat case (Shakti Vahini v. Union of India). The Court explicitly declared that the right to marry a person of one's choice is an integral part of the right to life and personal liberty enshrined under Article 21 of the Constitution.
Route: [REALM 35: Article 21]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.
The Secret Whisper
Official Key: (c) 3 only
Statement 1 is False & Statement 3 is True: Under Section 3(j) of the Indian Patents Act, 1970, plants, animals, seeds, and essentially biological processes for their production are explicitly excluded from patentability. Plant varieties are protected under a separate sui generis system (PPV&FR Act, 2001), not patents.
Statement 2 is False: In 2019 (when this exam was held), the Intellectual Property Appellate Board (IPAB) definitely existed (established in 2003). Note: It was later abolished in 2021, but in the context of the 2019 paper, stating it didn't exist was false.
Route: [REALM 294: IPR in Biotech & Patents]The Nature Exclusion
The Umbrella Law
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
The Secret Whisper
Official Key: (b) 2 only
This is a highly technical legal trap. The Environment (Protection) Act, 1986 is an "umbrella" legislation. Section 3(2)(iv) of the Act explicitly empowers the Central Government to "lay down standards for emission or discharge of environmental pollutants." (Statement 2 is true).
However, the text of the EPA 1986 Act itself does not state the requirement for public participation. Public hearings are mandated under the Environmental Impact Assessment (EIA) Notifications, which are subordinate rules created later under the powers of the Act, not explicitly drafted into the Act by Parliament. Therefore, Statement 1 is technically False in the context of the bare Act.
Route: [REALM 195: Environment Protection Law] & [REALM 186: EIA Process]As per the Solid Waste Management Rules, 2016 in India, which one of the following statements is correct?
The Secret Whisper
Official Key: (c)
A is False: Generators must segregate waste into three streams (not five): Biodegradable (wet), Non-biodegradable (dry), and Domestic Hazardous.
B is False: The 2016 rules were revolutionary because they expanded beyond municipal areas to include census towns, special economic zones, defense establishments, etc.
D is False: Waste can be moved across districts to regional processing facilities.
C is True: The 2016 rules lay down strict, elaborate topographical and environmental criteria for identifying sites for sanitary landfills (e.g., distance from rivers, airports, habitations).
Route: [REALM 142: Solid Waste Management]The Site Criteria
The Fixed Term
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 lay off workers
2. no notice of termination of employment shall be necessary in the case of temporary workman
The Secret Whisper
Official Key: (c) Both 1 and 2
The 2018 amendment introduced the concept of Fixed-Term Employment across all sectors. This was a major labor reform intended to improve the ease of doing business.
Statement 1 is True: It allows companies to hire workers for a specific duration. Once the term expires, the contract simply ends. This effectively bypasses the rigid retrenchment (layoff) procedures required under the Industrial Disputes Act for permanent employees.
Statement 2 is True: According to the rules, no notice of termination is required to be given to temporary or fixed-term workers when their contract naturally ends.
Route: [REALM 228: Labour Laws & Dev.]