1. 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

Justification: S1: Article 176(1) of the Constitution of India enjoins that the Governor shall Address both the Houses assembled together at the commencement of the first Session after each general election to the Assembly and at the commencement of the first session of each year and inform the Legislature of the causes of its Summons. See https://aplegislature.org/web/aplegislature/governors-address

S2: As per Article 208 of the Constitution: Rules of procedure

“(1) A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business

(2) Until rules are made under clause ( 1 ), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be”

This implies that state legislature does not follow Lok Sabha rules, no such provision exists.

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: B

S1: Under the original Act, the definition of tree includes palms, bamboos, stumps, brush-wood, and canes. The amendment act amends this definition of tree to remove the word bamboos.

Since bamboo is defined as a tree under the Act, its inter-state movement requires permit when in transit in other states. Consequent to the amendment, felling or transportation of bamboos growing in non-forest areas will not require any permits.

See https://www.prsindia.org/billtrack/indian-forest-amendment-bill-2017

S2: The Act recognises bamboo as an MFP and vests the “right of ownership, access to collect, use and dispose of minor forest pr oduce” with Scheduled Tribes and traditional forest dwellers

See https://www.downtoearth.org.in/news/bamboo-now-a-minor-forest-produce-33239

S3: Section 3(1) of the act provides a right of ownership, access to collect, use, and dispose of minor forest produce( includes all non-timber forest produce of plant origin) which has been traditionally collected within or outside village boundaries.

See https://en.wikipedia.org/wiki/The_Scheduled_Tribes_and_Other_Traditional_Forest_Dwellers_(Recognition_of_Forest_Rights)_Act,_2006#Provisions

3. 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

Justification: “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 had recently set aside a 2017 order of the Kerala High Court which annulled the marriage of Kerala Muslim convert girl Hadiya and Shefin Jahan.

4. 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

Justification: S1: The SC recently ruled that one can claim patents on GM cotton seeds, in a case related to Monsanto.

See https://www.downtoearth.org.in/blog/agriculture/was-there-a-victory-for-monsanto-in-india-s-supreme-court-on-a-patent-matter–62800

This judgment overturned an order of the Delhi High Court which held that genetically modified plants, genetically modified seeds and gene sequences that provide genetic traits to plants are not patentable subject matter in India.

The decision comes in the ongoing dispute between the Monsanto Group of Companies and the Nuziveedu Group of Companies.

S2 is wrong.

S3: Article 3(j) of the India’s patent Act excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms but including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”.

5. 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: B

Justification: EPA, 1986 doesn’t contain any provision related to public participation. Section 6 of the Act authorises that the Central Govt regulates pollution control norms.