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

Total Questions: 50

31. Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct? [Evening Shift-2016 (II)]

Correct Answer: (b) The acts and regulations specified in the Ninth Schedule shall become void on the ground that it violates a Fundamental Right in Part III of the Constitution
Solution:

Ninth Schedule says that the article mentioned in this are immune from judicial review. It is for the larger good of the society, the government cannot be challenged in the court for his actions.

Ninth Schedule was added to the Constitution by First Constitutional Amendment, 1951. In a landmark ruling on 11th January, 2007, the Supreme Court ruled that all laws (including those in the Ninth Schedule) would be open to judicial review, if they violated the basic structure of the Constitution.

Hence, option (b) is not correct.

32. Which of the following statement(s) with regard to the conduct of elections in India is/are not correct? [Evening Shift-2016 (II)]

1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India.
2. The Model Code of Conduct comes into existence as soon as the date of the election is announced.
3. The laws relating to delimitation of constituencies are made by the Election Commission of India.
4. No election shall be called in question except by an election petition.
Select the correct answer using the codes given below

Correct Answer: (a) Only 3
Solution:

The Election Commission is responsible for the conduction of election in India. It issues model code of conduct for all political parties and candidates to conduct election in free and fair manner.

The commission can issue an order for prohibition of publication and disseminating of results of opinion polls to present influencing the voting trends in the electorate.

The delimitation commission of India empowered to redraw the constituencies of various Assembly and Lok Sabha election, based on recent census.
All the statements are correct except 3.
Hence, option (a) is incorrect.

33. Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct? [Evening Shift-2016 (II)]

Correct Answer: (b) All the reports of the commission and its recommendations shall be laid only before Lok Sabha
Solution:

The National Commission for Scheduled Tribe is included in Article-338A of the Constitution through 89th Constitutional Amendment.

This commission was constituted on 19th February, 2004 to look after the Scheduled Tribes and safeguard the rights provided to them by the Constitution of India.

The commission presents an annual report to the President. The President places all such reports before the Parliament.
Hence, option (b) is incorrect

34. The right to form associations and unions is a right [Evening Shift-2016 (II)]

Correct Answer: (b) to freedom guaranteed to citizens only
Solution:

Article-19(1)(c) of the Constitution of India guarantees the right ‘to form associations and union to every citizen of the country’.

Article-9(4) states that the State may impose reasonable restrictions on this right in the interest of public order, morality, sovereignty and integrity of India.

35. Some Indian territories were transferred in 2015 to Bangladesh by following which procedure? [Evening Shift-2016 (II)]

Correct Answer: (c) By amending First Schedule to the Constitution of India by exercising amending power of the Parliament
Solution:

Some Indian territories were transferred in 2015 to Bangladesh by amending First Schedule to the Constitution of India by exercising amending power of the Parliament.

The 119th Constitutional Amendment Bill, 2013 sought to ratify the land boundary agreement between India and Bangladesh. After passing of the bill, it became 100th Constitutional Amendment.

36. Which among the following Acts were repealed by Article-395 of the Constitution of India? [Evening Shift-2016 (II)]

1. The Government of India Act, 1935
2. The Indian Independence Act, 1947
3. The Abolition of Privy Council Jurisdiction Act, 1949
4. The Government of India Act, 1919
Which of the statement(s) given above is/are correct?

Correct Answer: (a) 1 and 2
Solution:

Article-395 in the Constitution of India 1949 repeals the Indian Independence Act, 1947 and the Government of India Act, 1935.

The abolition of Privy Council Jurisdiction Act, 1949 was not included in this and are hereby repealed First Schedule, Article-1 and 4(1), the State name and territories. Hence, option (a) is correct.

37. On 26th November, 1949, which of the following provisions of the Constitution of India came into effect? [Evening Shift-2016 (II)]

1. Citizenship
2. Elections
3. Provisional Parliament
4. Fundamental Rights
Select the correct answer using the codes given below

Correct Answer: (b) 1, 2 and 3
Solution:

The Constitution came into force on 26th January, 1950. Some provisions relating to citizenship, elections, provisional Parliament, temporary and transitional provisions are given immediate effect on 26th November, 1949. The Article, which came into force on 26th November, 1949 included Articles–5, 6, 8, 9, 60, 324, 366, 372, 388, 391, 392 and 393. Out of them, citizenship was most important and had to immediately come into force to constitutionally handle the refugee crisis due to partition of India. Hence, option (b) is correct.

38. Which of the following statement(s) regarding the Constituent Assembly of India is/are correct? [Evening Shift-2016 (II)]

1. The Assembly was elected indirectly by the members of the Provincial Legislative Assemblies.
2. The elections were held on the basis of Universal Adult Franchise.
3. The scheme of election was laid down by the Cabinet Delegation.
4. The distribution of seats was done on the basis of the Mountbatten Plan.
Select the correct answer using the codes given below

Correct Answer: (d) 1 and 3
Solution:

The Constituent Assembly consisting of indirectly elected representatives. It was established to draft a Constitution for India. It existed for almost 3 years after the Constitution of the Constituent Assembly.

The assembly was not elected on the basis of universal adult suffrage and Sikhs and Muslims received special re-orientation as minorities. Election were held under Cabinet Mission Plan of 1946. Hence, option (d) is correct.

39. Which of the following is/are constitutional body/bodies [Morning Shift-2016 (I)]

1. National Commission for Scheduled Tribes
2. National Commission for Women
3. National Commission for Minorities
4. National Human Rights Commission
Select the correct answer using the codes given below

Correct Answer: (a) Only 1
Solution:

National Commission for Schedule Tribes is constitutional body. Constitutional bodies are formed by the Constitution which helps the government to run properly.

UPSC, CAG, SPSC, Election Commission, National Commission for STs, National Commission for SCs, Finance Commission are some examples.

They derive power directly from the Constitution. National Commission for Women, National Commission for Minorities, National Human Rights Commission are statutory bodies created by law paved by Parliament.

Erstwhile Planning Commission, NITI Aayog, National Development Council are extra constitutional non-statutory bodies created by executive order.

40. Consider the following statements [Morning Shift-2016 (I)]

1. The President of India shall have the power to appoint and remove the Speaker of Lok Sabha.
2. The Speaker has to discharge the functions of his office himself throughout his term and cannot delegate his functions to the Deputy Speaker during his absence from the station or during his illness.
Which of the statement(s) given above is/are correct?

Correct Answer: (d) Neither 1 nor 2
Solution:

The Speaker of Lok Sabha is elected by the Lok Sabha from amongst its members. The date of election of the Speaker is fixed by the President. Usually, the Speaker remains in office during the life of Lok Sabha. However, he/she has to vacate office earlier in any of the following three cases
● If he ceases to be a member of Lok Sabha.
● If he resigns by writing to the Deputy Speaker.
● If he is removed by a resolution passed by a majority of all the members of Lok Sabha. Such a resolution can be moved only after giving 14 days advance notice.
Hence, option (d) is correct.