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“Daily MCQ Edge Series” [ Topic : Environment and Ecology] Q.1855) With reference to CITES, consider the following about “Non-Detriment Findings (NDFs)” 1. NDFs are required only for Appendix I species. 2. NDFs assess whether international trade will not negatively impact survival of the species. 3. NDFs are issued by the Management Authority.

Explanation: Article 142(1) of the Constitution empowers the Supreme Court to pass any decree or order necessary for doing “complete justice” in any cause or matter pending before it. Statement 1: Such decrees cannot override express statutory provisions. ✅ Correct • Though Article 142 gives wide discretionary powers, it cannot be used to contravene or ignore substantive statutory provisions. • The Court clarified this in several judgments: • A.R. Antulay v. R.S. Nayak (1988) — SC held that Article 142 cannot be used to supplant substantive law. • Supreme Court Bar Association v. Union of India (1998) — reiterated that this power cannot override existing law, especially where statutes lay down specific procedures or punishments. 👉Therefore, limited by statutory law, but not by procedural technicalities. Statement 2: Such decrees are enforceable as if they were decrees of a civil court. ✅ Correct • Article 142(1) expressly provides that “any decree or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by Parliament and, until so prescribed, in such manner as the President may by order determine.” • The Supreme Court (Decrees and Orders) Enforcement Order, 1954 makes them enforceable like civil court decrees. Statement 3: Parliament can by law curtail this power. ❌ Incorrect • This power flows directly from the Constitution itself. • Parliament cannot curtail or restrict it through ordinary legislation. • Only a Constitutional Amendment could theoretically modify Article 142. 👉Final Answer: ✅ (a) 1 and 2 only

“Daily MCQ Edge Series” [ Topic : Indian Polity ] Q.1854) Under Article 142, the Supreme Court can pass decrees for “complete justice”. Which of the following limitations apply? 1. Such decrees cannot override express statutory provisions. 2. Such decrees are enforceable as if they were decrees of a civil court. 3. Parliament can by law curtail this power.

Explanation : This question is a prime example of a debate MCQ with interpretation. Both statements are INCORRECT. 👉Statement 1: “The Constitution provides power to change the legal status of a State to a Union Territory.” This statement is Incorrect. Why? •Article 3 empowers Parliament to: •form new States •alter areas •alter boundaries •alter names •But Article 3 does NOT explicitly say that a State can be converted into a Union Territory. •True, the Explanation to Article 3 says that “State includes Union Territory”, but the Constitution never expressly gives power to downgrade a State into a UT. So, constitutionally, the power is derived through interpretation, not explicitly “provided”. 👉Statement 2: “J&K was split into two UTs in accordance with Article 3.” This statement is also Incorrect. Why? •The 2019 reorganisation (J&K → J&K UT + Ladakh UT) involved Article 3, but NOT directly. Before Article 3 could be applied: 1.Presidential Order C.O. 272 altered J&K’s constitutional position. 2.Under Article 356, J&K was placed under President’s Rule. 3.Only after this, Parliament (acting as State Legislature) could “give its views”. 4.Then Article 3 was used to reorganize the territory. Thus, to say “it was split in accordance with Article 3” is not accurate because: •Article 3 cannot apply to a State without consultation of its Legislature, and J&K did not have a Legislature in 2019. •So Article 356 + Presidential Orders changed the situation first. Therefore, the statement is oversimplified and incorrect. ✅ Final Answer: (d) Neither 1 nor 2

“Upsc Daily Edge - 1 MCQ a Day” Series Q.1853) Consider the following statements. 1. The Constitution provides power to change the legal status of a State to a Union Territory. 2. J&K was split into two UTs in accordance with Article 3.

Hello everyone , I will continuing the MCQ series from here on (Q.1852) i.e. “UPSC Daily Edge – 1 MCQ a Day” This will create the idea of daily competitive advantage.

✨Can Finance Commission recommendations be challenged in court? ✅ Technically, yes — they can be challenged, but 👉courts usually do not interfere, because Finance Commission recommendations are advisory, not binding. ☑️Constitutional Basis •Article 280 establishes the Finance Commission (FC) and defines its functions. •The FC’s duty is to make recommendations to the President regarding: •Distribution of taxes between Union & States, •Grants-in-aid to States, •Measures to augment State finances, •and any other matter referred by the President in the interest of sound finance (Art. 280(3)(d)). However — 👉 these are recommendations, not enforceable directions. ☑️Judicial Viewpoint •Courts have consistently held that the Finance Commission is a recommendatory body. •Its report does not have legal force by itself — it becomes operational only when accepted by the President / Union Government and implemented through Finance Acts or budgetary processes. Hence, unless: •there is a violation of constitutional provisions (e.g., discrimination, violation of federal principles), or •procedural irregularity in the Commission’s functioning, …the courts will not entertain challenges to its recommendations. ☑️Example (Judicial Observations) •In Union of India v. State of Punjab (1987) and later cases, the Supreme Court observed that the Finance Commission’s recommendations are advisory in nature and not justiciable in ordinary circumstances.

Answer: (b) — Statements 2 and 3 are correct. NDTL = (Deposits from public + Deposits from institutions + Other liabilities) – (Inter-bank deposits) ☑️Legal Basis : •Mentioned under Section 42(1) of the RBI Act, 1934 (for Scheduled Banks). •RBI defines NDTL precisely in its Master Circular on CRR and SLR issued annually.

Q. With reference to Net Demand and Time Liabilities (NDTL), consider the following statements: 1. It includes inter-bank deposits. 2. It is used to determine both CRR and SLR. 3. It represents the total liabilities of a bank to the public. Which of the above statements is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3

What is Stamp Duty ? Stamp Duty = Indirect Tax (but NOT GST). It is a transaction-based tax charged on legal/financial documents like property sale deeds, agreements, mortgage deeds, etc. ✅ In Constitutional Terms Stamp Duty is listed in: 👉Union List (Entry 91) •Centre can prescribe rates of stamp duty on certain instruments (like bills of exchange, promissory notes, etc.). 👉State List (Entry 63 & 66) •States have the power to collect stamp duty on documents related to: •Land/property transactions •Sale deeds •Lease deeds •Mortgage deeds •Gift deeds 👉Stamp Duty is an Indirect Tax administered mainly by the States. But the Centre also has power to set rates for certain kinds of instruments. ☑️Why Stamp Duty not subsumed in GST? •Stamp duty is a constitutional levy linked to property and documents •It is not a tax on goods or services •Hence it stays outside GST #UPSCPrelims2026 #Upsc

💥Can an Ordinance Affect or Infringe Fundamental Rights? ✅ Yes — but only to the same extent that a law made by Parliament or a State Legislature can. An ordinance is treated as having the same force and effect as an Act of the legislature under the Constitution. 👉Constitutional Basis Article 123 (for President) and Article 213 (for Governor): “The President (or Governor) may promulgate such Ordinances as the circumstances appear to him to require, and an Ordinance shall have the same force and effect as an Act of Parliament (or State Legislature).” So, once issued — an ordinance = law. Hence, it can amend, override, or even restrict Fundamental Rights, subject to the same limitations that apply to ordinary legislation. 👉Example: •Parliament can make a law restricting Article 19 rights (reasonable restrictions) — an ordinance can do so as well. •However, an ordinance cannot violate the basic structure or act beyond legislative competence. 👉Judicial Interpretation 1. A.K. Roy v. Union of India (1982) •The Supreme Court held: “An ordinance is law within the meaning of Article 13(2).” •Therefore, it is subject to judicial review and must conform to Fundamental Rights. 2. D.C. Wadhwa v. State of Bihar (1987) •Repeated re-promulgation of ordinances was held unconstitutional. •The Court reaffirmed that ordinances cannot be used to bypass legislative scrutiny. #IndianPolity #UPSCPrelims2026 #Upsc

Correct Answer: (b) Wildlife Protection Act, 1972 ☑️Explanation: •The Wildlife (Protection) Act, 1972 prohibits hunting of wild animals in general (Sections 9 & 11), but it provides certain exemptions — especially for the protection of the rights of Scheduled Tribes and forest-dwelling communities, including those in Union Territories such as Andaman & Nicobar Islands. ☑️Relevant Provision: •Section 11(2) of the Wildlife Protection Act, 1972 empowers the government to allow hunting by Scheduled Tribes in certain circumstances for self-defense, protection of crops, or their own livelihood, consistent with customary practices. •Further, Section 65 gives special powers to the Central Government to modify application of the Act in Union Territories considering tribal rights and customs. ☑️Context — Andaman & Nicobar Islands: •The Particularly Vulnerable Tribal Groups (PVTGs) — Jarawas, Sentinelese, Onge, and Great Andamanese — have traditional rights over hunting and gathering. •Their hunting rights are protected under the Wildlife Protection Act, 1972, through special exemptions and administrative orders issued by the Central Government.

💥Doctrine of pith and substance and how it is an example of cooperative federalism 👉The Doctrine of Pith and Substance is a constitutional principle used by courts to determine the true nature or essence of a legislation when there is a conflict of legislative powers between the Union and State legislatures. •“Pith” means true nature or essence, •“Substance” means the real object or purpose of the law. If the pith and substance of a law falls within the competence of the legislature that enacted it, then it is valid, even if it incidentally encroaches upon matters assigned to another legislature. ☑️Constitutional Basis •Article 246 and Seventh Schedule divide legislative subjects between the Union List, State List, and Concurrent List. •Conflicts often arise when a law touches upon matters in another list. •The Supreme Court applies the doctrine of pith and substance to resolve such overlaps. ☑️Purpose of the Doctrine •To maintain the functional balance between Centre and States. •To avoid invalidation of laws merely because they incidentally touch another list. •To promote flexibility in governance and legislative action. ☑️Doctrine as an Example of Cooperative Federalism India follows a “quasi-federal” structure where both the Union and States must coordinate rather than compete. The Doctrine of Pith and Substance is a judicial tool that enables cooperation by preventing rigid separation of powers. 👉Allows Centre and States to legislate freely in their spheres without fear that minor overlaps will invalidate their laws. 👉Ensures courts interpret laws to uphold legislative intent rather than strike them down — maintaining harmony between levels of government. 👉Acknowledges that many modern subjects (like environment, education, digital governance) overlap — requiring cooperative, not compartmentalized, federalism. 👉Encourages a collaborative spirit by resolving legislative conflicts through interpretation rather than confrontation. ☑️Example of Cooperative Federalism in Action : Suppose a State law regulates hospitals (State List) but also touches upon drug control (Concurrent List). •Instead of striking it down, the Court applies the doctrine of pith and substance — if the main objective is hospital regulation, the law stands. •This upholds both State initiative and Union oversight, reflecting cooperative federalism in practice. ☑️Judicial Evolution : 1.State of Bombay vs F.N. Balsara (1951) •The Bombay Prohibition Act (State Law) was challenged as it affected import/export (a Union subject). •Court held: the pith and substance was prohibition of intoxicating liquors, a State subject. •Hence, the law was valid despite incidental overlap. 2.State of Rajasthan vs G. Chawla (1959) •Regulation of loudspeakers came under “Public Health and Order” (State subject) even though it touched “telecommunication” (Union subject). •Law upheld — incidental encroachment permissible. 3.A.S. Krishna vs State of Madras (1957) •Reaffirmed that incidental encroachment on another list does not make a law invalid. #upsc #UPSCPrelims2026 #IndianPolity

☑️ Does NCERT comes under “State” of Article 12 ? 👉The judgment which held that NCERT is not a “State” under Article 12 of the Constitution is: 👉 Chander Mohan Khanna v. National Council of Educational Research and Training (NCERT), (1991) 👉Case Details •Citation: (1991) •Bench: Supreme Court of India •Petitioner: Chander Mohan Khanna (an employee of NCERT) •Respondent: National Council of Educational Research and Training (NCERT) 👉Background •The petitioner claimed that NCERT, being funded and controlled by the government, should be treated as a “State” under Article 12, so that he could invoke writ jurisdiction under Article 32 or Article 226 for violation of fundamental rights. 👉Issue Whether NCERT is an instrumentality or agency of the government and hence a “State” within the meaning of Article 12 of the Constitution? 👉Judgment The Supreme Court held that NCERT is not a State under Article 12. 👉Reasoning by the Court 1.NCERT is a society registered under the Societies Registration Act, 1860. → It is an autonomous body, not created by a statute. 2.Government control is limited. → Although the Government provides grants and some supervision, day-to-day administration and management are independent. 3.Functions are not sovereign in nature. → Activities like research, training, and publication are educational and advisory, not governmental. 4.Not financially or functionally dependent to the extent that it becomes a government agency. 👉Key Principle Not every institution that receives government funding or is under some level of control becomes a “State” under Article 12. The degree of control and the nature of functions are decisive tests. #upsc #UPSCPrelims2026 #indianpolity

☑️ What is “Gubernatorial Discretion” ? 👉The term “gubernatorial discretion” refers to the situations in which the Governor of a State acts independently of the advice of the Council of Ministers, using his or her own judgment. In other words, it is the Governor’s power to act without, or even contrary to, ministerial advice — though such occasions are limited and exceptional. 💥Constitutional Basis: Under Article 163(1) of the Constitution: “There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his functions at his discretion.” So, Article 163 gives the Governor limited discretionary powers. 💥Types of Discretionary Powers 1. Constitutional Discretion (Explicit or Implied) These are powers the Governor can exercise as per the Constitution itself. 👉Appointment of Chief Minister :Art. 164(1) - When no party has a clear majority in the Assembly. 👉Dismissal of Council of Ministers : Art. 164(1) - When the Ministry loses majority and refuses to resign. 👉Dissolution of Legislative Assembly : Art. 174(2)(b) - When no stable government can be formed. 👉Reservation of a Bill for President’s Consideration : Art. 200 -Governor may reserve certain bills for the President. 👉Sending report to the President : Art. 356 - When constitutional machinery in the state fails. 2. Situational Discretion (Arising from Circumstances) These are not explicitly stated in the Constitution but emerge from political or constitutional necessity: •Choosing the CM when no party has a majority. •Recommending President’s Rule under Article 356. •Dismissing a ministry that has lost majority support. •Deciding whether to summon the Assembly or not when advised by a minority government. 3. Discretion as per Central Direction (Union Discretion) In Union Territories with legislatures (like Delhi, Puducherry), the Lieutenant Governor acts at his discretion in matters where he differs with the Council of Ministers — as per Article 239AA(4) (Delhi) #IndianPolity #UPSCPrelims2026 #Upsc