Polity (CDS-Solved Paper)

The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and Scheduled Tribe in any State except the four States of Assam, Meghalaya, Tripura and Mizoram.

It says, Tribal Advisory Councils are to be constituted to give advice under the Fifth Schedule. The Governor is empowered to make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes. Hence, option (c) is not correct.

The Advocate General of a State in India is appointed by the Governor of a State. A High Court is primarily a Court of Appeal. It hears appeals against the Judgements of Subordinate Courts functioning in its territorial jurisdiction.

It has appellate jurisdiction in both civil and criminal matters. Under Act 226 original appellate jurisdiction under Article 226 of Constitution, not civil procedure code. Hence, both the statements are incorrect.

Quasi-Federal forms of Constitution contains the features of both the unitary and Federal Constitution. The Constitution of India has both the unitary as well as federal features.

Federal features are dual polity, written Constitution, division of powers, supremacy of the Constitution, Rigid Constitution, independent judiciary,
Bicameralism. Unitary features are strong centre, single Constitution,
flexibility of the Constitution etc.

Government of India Act 1919, also known as Montague-Chelmsford Reforms. It extended the principle of communal representation to Sikhs, Indian Christians, Anglo-Indians and Europeans.

It divided the provincial subjects into 2 parts transferred and reserved. Transferred subjects were to be administered by the Governor with the aid of ministers responsible to the Legislative Council.

Reserved subjects were to be administered by the Governor and his Executive Council without being responsible to the Legislative Council. Hence, option (d) is incorrect.

According to him four pillar constitute four limbs of the State. They are the village, the district, the province and the centre with sovereign powers.

Participation of workers in management of industries is not a part of the Fundamental Rights (Part III) of the Constitution of India. Participation of workers in management of industries is directive principle of State policy.

Fundamental Rights are enshrined in Part-III of the Constitution from Article-12-35. Prohibition of traffic in human beings and forced labour is Article-23. Prohibition of employment of children in factories is Article-24.

Practice any profession, or to carry on any occupation, trade business is Article 19(1)g.

According to Constitution of India, President can resign from his office at any time by addressing the resignation letter to the Vice-President. The Vice-President of India can resign anytime by writting to President of India.

The Comptroller and Auditor General of India (CAG) can be removed by the President on the same grounds and in same manner as a judge of Supreme Court (not President).

A Judge of Supreme Court can resign from his office by writting to President of India. Hence, statements 1, 3 and 4 are incorrect and statement 2 is correct.

Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha.
(i) It can authorise the Parliament to make a law on a subject enumerated in the state list.
(ii) It can authorise the Parliament to create new all India services common to both the Centre and States.

Article-263 in Part XI of the Constitution provides for the establishment of an Inter-State Council for better coordination among the states and between Centre and States. In 1990, the Inter-State Council was established on the recommendation of Sarkaria Commission (1983-87).
It consists of the following members.
(i) Prime Minister as the Chairman
(ii) Chief Minister of all the States and Union Territories
(iii) Administrators of Union Territories not having Assemblies
(iv) Governor’s of States under President rule
(v) Six Central Cabinet Ministers

Certiorari is issued to quash the order of a Court or Tribunal. There are five major types of writs Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. In India, both Supreme Court and High Court are empowered with writ jurisdiction.
Certiorari It is issued by Supreme Court and High Court to transfer a particular matter or quash the order of lower court.
Mandamus It is a command issued by a court to a public authority, lower court or tribunal to perform their duties.
Prohibition Supreme Court and High Court may prohibit lower courts who exceeds their jurisdiction are act in country to the rule of natural justice.
Quo Warranto This unit is issued to enquire into legality of the claim of a person or public office.
Habeas Corpus is used by the courts to find out if a person has been illegally detained.