Polity (Part-3) (CDS-Solved Paper)

The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, As the final court of appeal of the country.

It takes up appeals primarily against verdicts of the highest authority including, the state, union, President and Vice-President of India.

The basic structure doctrine was given in the landmark decision of Kesavananda Bharati v. State of Kerala (1973).

The basic structure doctrine states that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament.

The Supreme Court can undertake judicial review for such amendments. Hence, statement 1 and 2 are correct.

The Supreme Court declared that Article 368 did not enable Parliament to alter the basic structure or framework of the Constitution and Parliament could not use its amending powers under Article 368 alter the basic structure of the Constitution.

Thus, statement 3 is correct. The Golaknath Case of 1967 relates to the power of the Parliament to curtail the Fundamental Rights provided in the Constitution.

Hence, the basic structure doctrine does not relate to Golaknath case. Hence, statement 4 is incorrect.

There are certain fundamental rights, such as those in Articles–15, 17, 18, 23 and 24 that are also available against private individuals.

Further, certain fundamental rights including those under Articles–14, 20, 21 and 25 apply to persons of any nationality upon Indian soil, while others, such as those under Articles–15, 16, 19 and 30 are applicable only to citizens of India.
Hence, option (c) is correct.

The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, like, renunciation, termination and deprivation.

By Renunciation Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship. Upon the registration or that declaration, that person ceases to be a citizen of India.

By Termination When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. Hence, option (c) is correct.

Article-20 of the Constitution grants protection against arbitrary and excessive punishment to an accused person whether a citizen or a foreigner or legal person like a company or a corporation. It contains three provisions in that direction

No Ex-post-facto Law No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act nor subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the Act.

No Double Jeopardy No person shall be prosecuted and punished for the same offence more than once. No Self-incrimination No person accused of any offence shall be compelled to be a witness against himself.
Hence, option (a) is not correct.

While Supreme Court has power to issue writs under Article 32, High Courts have been given same powers under Article 226. Article 32 provides remedies to citizens for the enforcement of fundamental rights.

It is a part of fundamental rights. The Supreme Court cannot refuse a writ petition under Article 32 on the ground of delay. Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.

Protection under Article 32 applies only to the fundamental rights as provided by the Constitution. Hence option (d) is incorrect. All the options are correct except (d).

Writ of Habeas Corpus secures the freedom of a person upon unlawful arrest. The literally means of the Writ is ‘to have the body of’.

It is an order issued by the court to a person, who has detained another person, to produce the body of the latter before it.

According to the provision of Constitution of India. To promote village and cottage industries DPSP is not a fundamental duty.

Fundamental duties are enshrined in Article-51A of Part-I VA of the Constitution. According to Article-5lA, it shall be the duty of every citizen of India

● to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
● to uphold and protect the sovereignty, unity and integrity of India.
● to defend the country and render national service when called upon to do so.
● to provide opportunities for education to his child or ward between the age of six and fourteen years.

Under Article-352, the President can declare a National Emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

When a National Emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.

It may be noted that the President can declare a National Emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
Hence, option (a) is correct.

The protection of women from Domestic Violence Act, 2005, is enacted to protect women from domestic violence and came into force from 26th October, 2006.

The Act seeks to definition of an aggrieved person is equally wide and covers not just the wife but a woman, who is the sexual partner of the male irrespective of whether she is his legal wife or not.

The daughter, mother, sister, child (male or female), widowed relative, in fact, any woman residing in the household, who is related in some way to the respondent, is also covered by the Act. Hence, option (b) is incorrect.