Polity (Part-2) (CDS-Solved Paper)

To communicate to the President all decisions of the Council of Ministers relating to the administration of the state in the monthly report is the duty of Prime Minister under Article 78.
Hence, option (c) is incorrect.
The Chief Minister is appointed by the Governor. Article 164 of the Constitution provides that there shall be a Council of Ministers with the Chief Minister at its hand to aid and advise the Governor. Under Article 167 of the Constitution, it shall be the duty of the Chief Minister of each state

(i) to communicate to the Governor of the state all decisions of the Council of Ministers relating to the administration of the affairs of the state and proposals for legislation.
(ii) to furnish such information relating to the administration of the affairs of the state and proposals for legislation as the Governor may call for.

Under Article 168 of the Constitution, for every state there shall be a Legislature which shall consist of the Governor, and where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. Hence, Chief Minister is not the part of Legislature.

Governor of an Indian state draws ordinance making power from Article 213 of the Constitution. The Governor can only issue ordinances when the Legislative Assembly of a state or where there are two houses in a state both houses are not in session. Governor’s ordinance-making power is not a discretionary power. This means that he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the chief minister. Thus option (d) is incorrect..

Vishaka Guidelines against Sexual Harassment at Workplace. Guidelines and norms laid down by the Hon’ble Supreme Court in Vishaka and Others Vs State of Rajasthan and Others (JT 1997 (7) SC 384). The Vishaka guidelines were superseded in 2013 by The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. State of Rajasthan and Union of India to enforce the Fundamental Rights of working women under Articles 14, 19 and 21 of Constitution of India.

Among all the given options, West Bengal has the largest number of seats in its Legislative Assembly. The number of seats allotted to Legislative Assembly of any state is based on the population of that state.

The maximum number of seats are in the Legislative. Assembly of Uttar Pradesh (403) followed by West Bengal (294), Maharashtra (288), Bihar (243), Tamil Nadu (234) and Madhya Pradesh (230).

The State Executive has temporary law-making power in emergent situations under the Constitution of India. And the Governor is the head of the State Executive. So, the ordinance making power confers on him by the Constitution itself. But this is not a discretionary power.

The ordinance making power of the Governor is coextensive with the legislative power of the State Legislature to make laws. He can promulgate ordinances only on the subjects on which the State Legislature has power to make laws under the Constitution. Hence, both the statements are incorrect.

‘Declaration on the Right to Development’ is not an International Human Rights Treaty. There are seven core international human rights treaties.

Each of these treaties has established a committee of experts to monitor implementation of the treaty provisions by its states parties, other than three treaties mentioned in question.
The other treaties are
(i) International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
(ii) International Covenant on Civil and Political Rights (ICCPR)
(iii) International Covenant on Economic, Social and Cultural Rights (ICESCR)
(iv) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Voter Verifiable Paper Audit Trail  (VVPAT) is a method of providing feedback to voters using a ballotless voting system. A VVPAT is intended as an independent verification system for  voting machines.

It was designed to allow voters to verify that their vote was cast correctly,to detect possible election fraud  or malfunction and to provide a means to audit the stored electronic results.

All the statements given in question come under the functions of the National Human Rights Commission (NHRC). It is formed as per the statutory provisions of Protection of Human Rights Act, 1993.

It is a multi-member body consisting of Chairman and four members. President appoints the Chairman and members of the NHRC on the recommendation of the high-powered committee headed by the Prime Minister. Hence, all the statements are correct.

The Constitution of India has provided (in Article 102) that a member of Parliament will be disqualified for membership if

(i) he holds any office of profit under the Union or State Government (except that of a minister or any other office exempted by Parliament).
(ii) he is of unsound mind and stands so declared by a court.
(iii) he is an undischarged insolvent.
(iv) he has ceased to be a citizen of India.
(v) he is disqualified under any  other law by Parliament. Hence, all the statements are correct.