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

Total Questions: 50

41. The Second Administrative Reforms Commission (2005) was concerned with [Morning Shift-2016 (I)]

Correct Answer: (a) reforms in institutional arrangements for good governance
Solution:

The second ARC was set-up by the Government of India in 2005 under the Chairmanship of Shri Virappa Moily to prepare a detailed blueprint for revamping the Public Administration System.

The Commission was given the mandate to suggest measures to achieve a pro-active, responsible, accountable, sustainable and efficient administration for the country at all levels of the government.

The commission was asked to, interatic consider the following–
(i) Organisational structure of the Government of India
(ii) Ethics in governance
(iii) Refurbishing of personnel administration
(iv) Strengthening of financial management systems
(v) Steps to ensure effective administration at the state level
(vi) Steps to ensure effective district administration
(vii) Local Self-Government/Panchayati Raj Institutions
(viii) Social capital, trust and participative public service delivery
(ix) Citizen-centric administration
(x) Promoting e-governance
(xi) Issues of federal polity
(xii) Crisis management
(xiii) Public order
Hence, option (a) is correct.

42. As per the Constitution of India, the Writ of Prohibition relates to an order

1. issued against judicial and quasi-judicial authority.
2. to prohibit an inferior Court from proceeding in a particular case where it has no jurisdiction to try.
3. to restrain a person from holding a public office to which he is not entitled.
Select the correct answer using the codes given below

Correct Answer: (a) 1 and 2
Solution:

The Supreme Court Under Article 32 and the High Courts Under Article 226 can issue five types of writs – Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-warranto not only for the enforcement of Fundamental Rights but also for any other purpose.

Prohibition, literally means to forbid, it is issued by a higher court to a lower court or tribunal to prevent the latter for exceeding its jurisdiction or usurping a jurisdiction that it does not possess.

The writ of Prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies and private individuals or bodies.
Hence, option (a) is correct.

43. Who among the following Prime Ministers of India were defeated by a vote of No Confidence? [Morning Shift-2016 (I)]

1. Morarji Desai
2. Vishwanath Pratap Singh
3. HD Deve Gowda
4. Atal Bihari Vajpayee
Select the correct answer using the codes given below

Correct Answer: (a) 1, 2, 3 and 4
Solution:

Prime Minister of India, who were defeated by a vote of No Confidence Morarji Desai in 1985; Vishwanath Pratap Singh in 1990; HD Deve Gowda in 1997 and Atal Bihari Vajpayee in 1999. A motion of No Confidence can be introduced only in Lok Sabha.

The motion needs to the support of 50 members to be admitted. According to the Constitution, the Council of Minister stays in office only as long as it enjoys the confidence of the Lok Sabha; once the confidence is withdrawn the government is bound to resign.
Hence, option (a) is correct.

44. Which of the following statement(s) regarding Rajya Sabha is/are correct?

1. The maximum permissible strength of Rajya Sabha is 250.
2. In Rajya Sabha, 238 members are elected indirectly from the States and Union Territories. 3. It shares legislative powers equally with Lok Sabha in matters such as creation of All India Services.
Select the correct answer using the codes given below

Correct Answer: (a) 1 and 2
Solution:

Maximum strength of Rajya Sabha is 250, out of which 238 are to be the representatives of the States and UTs (elected indirectly) and 12 are nominated. At present, Rajya Sabha has 245 members. Special powers of Rajya Sabha
● It can authorise the Parliament to make a law on a subject enumerated in the State List (Article-249).
● It can authorise the Parliament to create new all India services common to both the Centre and States (Article-312).
Hence, option (a) is correct.

45. Which of the following statements relating to the office of the President of India are correct?

1. The President has the power to grant pardon to a criminal in special cases.
2. The President can promulgate ordinances even when the Parliament is in session.
3. The President can dissolve the Rajya Sabha during emergency. |
4. The President has the power to nominate two members in the Lok Sabha from the Anglo Indian community.
Select the correct answer using the codes given below

Correct Answer: (b) 1 and 4
Solution:

The President of India is the head of Indian State. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. He has the following powers and functions.

He can grant pardon, reprieve, respite and remission of punishment or suspend, remit or commute the sentence of any person convicted for any office under Article 72. He can promulgate ordinances during the recess of Parliament under Article 123.

These ordinances have the same force and effect as an act of Parliament to deal with unforeseen or urgent matters.

He can summon or prorogue the both House of Parliament and dissolve The Lok Sabha only not the Rajya Sabha as Rajya Sabha is a Permanent House and its one-third members retire on the expiration of every second year.

He nominates twelve members of the Rajya Sabha from amongst person having special knowledge or practical experience in literature, science, art and social services. He also nominates two members to the Lok Sabha from The Anglo-Indian community.
Hence, option (b) is correct.

46. Which of the statements given below is/are correct? [Morning Shift-2016 (I)]

1. The ideal of a common civil code is set forth in Article-44 of the Constitution of India. 2. In certain respects, the High Courts in India have been given more extensive powers than the Supreme Court.
3. The Supreme Court of India, the first fully independent Court for the country, was set-up under the Constitution of India in 1950.
Select the correct answer using the codes given below

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

Uniform or Common Civil Code is defined in our Constitution under Article 44 which states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India.

Hence, statement 1 is correct. The judgement of the High Court is considered to be final and there is no appeal to that. A High Court enjoys supervisory jurisdiction and has a large control over its subordinate courts. So, statement 2 is correct.

The Supreme Court of India came into being on 28th January, 1950 under the provisions of Constitution of India. It replaced erstwhile Federal Court of india. Hence, statement 3 is correct.

47. Which of the following statement(s) about Comptroller and Auditor General of India (CAG) is/are correct? [Morning Shift-2016 (I)]

1. The CAG will hold office for a period of six years from the date he assumes the office. He shall vacate office on attaining the age of 65 years, if earlier than the expiry of the 6 years term.
2. The powers of CAG are derived from the Constitution of India.
3. The CAG is a multi-member body appointed by the President of India in consultation with the Prime Minister and the Council of Ministers.
4. The CAG may be removed by the President only on an address from both Houses of Parliament, on the grounds of proved misbehaviour or incapacity.
Select the correct answer using the codes given below

Correct Answer: (a) 1, 2 and 4
Solution:

Article-148 of Constitution of India provides for the office of CAG. He is the guardian of the public purse and controls the entire financial system of the country at both the levels.

The CAG is appointed by the President of India by a warrant under his hand and seal. He holds office for a period of 6 years or up to the age of 65 years. All the statements are true except 3.
Hence, option (a) is correct.

48. In which one of the following judgments of the Constitutional Bench of the Supreme Court of India, the ‘rarest of rare’ principle in the award of death penalty was first laid down? [Morning Shift-2016 (I)]

Correct Answer: (a) Bachan Singh Vs State of Punjab (1980)
Solution:

Indian Judiciary has pointed out their view regarding death penalty by ruling out in Bachan Singh Vs State of Punjab, that the death penalty must be restricted to the ‘rarest of rare’ case, this view of Supreme Court was very much favouring to minimise the use of capital punishment to penalise the criminals. Hence, option (a) is correct.

49. Consider the following statements about the President of India: [Morning Shift-2016 (I)]

1. The President has the right to address and send message to the Council of Ministers to elicit specific information.
2. The President can call for information relating to proposals for legislation.
3. All decisions of the Council of Ministers relating to administration of the Union must be communicated to the President.
Which of the statement(s) given above is/are correct?

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

As per Article 86 (1) of the Constitution the President has the right to address either Houses or their joint sitting, at any time and to require the attendance of members for this purpose.

Article 78 says that it shall be the duty of the Prime Minister

(a) to communicate to the President for all decisions of the Council of Ministers relating to the administration of the affairs of the union and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

(c) if the President so requires, to submit for the consideration of the Council of Ministers on any matters on which a decision has been taken by a Minister but which has not considered by the Council. All the statements are true. Hence, option (d) is correct.

50. In which one of the following cases, the constitutional validity of the Muslim Women (Protection of Rights of Divorce) Act, 1986, was upheld by the Supreme Court of India? [Morning Shift-2016 (I)]

Correct Answer: (b) Daniel Latifi Vs Union of India
Solution:

The Constitutional validity of the Muslim Women (Protection of Rights of Divorce) Act 1986 was challenged on the ground of being violative of Article 14, 15 and 21. The basic question raised by right activists was the necessity of enacting an Act, completely segregating a section of the population.

While a secular remedy was already available under Section 125 of the Code of Criminal Procedure.

The Supreme Court in the case of Daniel Latifi Vs Union of India approached a middle path and held that reasonable and fair provisions include provision for the future of the divorced wife (including maintenance) and it does not confine itself to the iddat period only. The Constitutional validity of the Act was also upheld.