Polity (Part-4) (CDS-Solved Paper)

Total Questions: 50

21. Which one of the following statements about the process of the Parliament to make new states is not correct? [Evening Shift-2015 (II)]

Correct Answer: (d) Such a law will fall under the Provision of Article 368
Solution:

Article 3 of the Constitution vests the power to form new States in Parliament, which may pass the law on the subject.

There should be request sent to the President for formation of a new state by Central or state Government/ Parliament/ Assembly. Presidential reference is sent to State Assembly. Article 3 provides the following procedure:

● Presidential reference is sent to State Assembly.
● After presidential reference, a resolution is tabled and passed in Assembly.
● Assembly has to pass a Bill creating the new State/States.
● A separate Bill has to be ratified by Parliament.

Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation. Thus option (d) is not correct.

22. Which of the following statements with regard to citizenship provisions of the Constitution of India is/are correct?

1. No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he/she has voluntarily acquired the citizenship of any foreign state.

2. The Parliament has power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
Select the correct answer using the codes given below

Correct Answer: (c) Both 1 and 2
Solution:

Persons voluntarily acquiring citizenship of a foreign state not to be citizens.

No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he/she has voluntarily acquired the citizenship of any foreign state.
Hence, option (c) is correct.

23. The protection against arrest and detention under Article 22 of the Constitution of India is not available to [Evening Shift-2015 (II)]

1. an enemy alien.
2. a person detained under a preventive detention law.
3. a foreigner.
4. an overseas citizen of India.
Select the correct answer using the codes given below

Correct Answer: (a) 1 and 2
Solution:

Article 22 grants protection to persons who are arrested or detained i.e. no person, who is arrested shall be detained in custody without being informed. Article 22 of the Constitution of India is not available to.
● any person who for the time being is an enemy alien; or
● any person who is arrested or detained under any law providing for preventive detention.

24. In which of the following cases did the Supreme Court rule that Constitutional Amendments were also laws under Article-13 of the Constitution of India, which could be declared void for being inconsistent with Fundamental Rights? [Morning Shift-2015 (I)]

Correct Answer: (b) Golaknath Case
Solution:

Golaknath vs State of Punjab or simply the Golaknath case, was a 1967 Indian Supreme Court case, in which the court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.

The judgement reversed the Supreme Court’s earlier decision which had upheld Parliament’s power to amend all parts of the Constitution, including Part-III related to Fundamental Rights.

25. Which of the following statement(s) is/are not correct for the 9th Schedule of the Constitution of India?

1. It was inserted by the First Amendment in 1951.
2. It includes those laws which are beyond the purview of judicial review.
3. It was inserted by the 42nd Amendment.
4. The laws in the 9th Schedule are primarily those which pertain to the matters of national security.
Select the correct answer using the codes given below

Correct Answer: (a) 1 and 2
Solution:

To ensure that agrarian reform legislation, the legislature amended the Constitution in the year 1951 which inserted 9th Schedule, by First Amendment. It includes those laws which are beyond the purview of judicial review.

However in 2007, the Supreme Court ruled that the laws included in this schedule after 24th April, 1973 are now open to Judicial review. Hence, option (a) is correct.

26. Which one of the following categories of persons is not treated at par so far as the availability of Fundamental Rights is concerned? [Morning Shift-2015 (I)]

Correct Answer: (a) Members of the armed forces
Solution:

Article-33 and 34 maintain that Parliament has the power to modify the application of the Fundamental Rights to the members of armed forces and police forces. Even, the barbers musicians, carpenters, mechanics, etc who are employees of the armed forces also don’t have all the Fundamental Rights, which are available to the citizens.

27. Which of the following is not true about the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)? [Morning Shift-2015 (I)]

Correct Answer: (d) India is not a ratifying country and is therefore not legally bound to put its provisions into practice
Solution:

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty. It was adopted in 1979 by the United Nations General Assembly.

The Convention mandates that states parties ratifying the Convention declare intent to enshrine gender equality into their domestic legislation, repeal all discriminatory provisions in their laws, and enact new provisions to guard against discrimination against women.

The convention also obliges states parties to “take all appropriate measures, including legislation, to suppress all forms of discrimination among women.

India has been party to the convention through signature and ratification. Hence, option (d) is not correct with respect to CEDAW.

28. The 6th Schedule of the Indian Constitution contains provisions for the administration of Tribal areas. Which of the following States is not covered under this Schedule? [Morning Shift-2015 (I)]

Correct Answer: (b) Manipur
Solution:

The 6th Schedule of the Indian Constitution contains provisions for the administration of tribal areas in the states of Asom, Meghalaya, Tripura and Mizoram and Manipur state is not covered under this Schedule. Article 244(2) and 275(1) deal with the provisions of the 6th Schedule.

29. Which one of the following statements is incorrect? [Morning Shift-2015 (I)]

Correct Answer: (c) India has a Chairman, Chiefs of Staff Committee who functions as Chief of the Defence Staff
Solution:

India has a Chairman, Chief of Staff Committee, who does not function as Chief of Defence staff, hence statement-3 is incorrect rest all statements are correct.

30. Information under the RTI Act, 2005 can be provided in respect of [Morning Shift-2015 (I)]

Correct Answer: (d) Border Road Organisation
Solution:

Information under RTI Act, 2005 cannot be provided for Intelligence Bureau, Research and Analysis Wing of the Cabinet Secretariat, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, Border Security Force, Central

Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, National Security Guards, Assam Riffles, Special Service Bureau, Border Road Development Board, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli, Special Branch, Lakshadweep Police. Hence, option (d) is correct.