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

Total Questions: 50

41. Which of the following is not true of Article-32 of the Indian Constitution? [Morning Shift-2015 (I)]

Correct Answer: (a) It gives the Supreme Court and the High Courts the power to issue writs for the enforcement of Fundamental Rights
Solution:

Article-32 confers the right to remedies for the enforcement of the Fundamental Rights of an aggrieved citizen. In other words, the right to get the Fundamental Rights protected is in itself a Fundamental Right.

This makes the Fundamental Rights real. That is why Dr Ambedkar called Article-32 as the most important Article of the Constitution : ‘It is the very Soul of the Constitution and the very heart of it’.

Right to constitutional remedies consists of right to move the Supreme Court for the enforcement of Fundamental Rights including the writs of (i) Habeas corpus (ii) Mandamus (iii) Prohibition (iv) Certiorari and (v) Quo-warranto.

Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article-32 and not any other right like non-fundamental Constitutional rights, statutory rights and so on.

Article-226 vests original powers in the High Court to issue directions. Orders and writs of all kinds for the enforcement of the Fundamental Rights. Hence, option (a) is incorrect.

42. Consider the following statements about local government in India : [Evening Shift-2014 (II)]

1. Article-40 of Indian Constitution provides for the State to organise village panchayats and endow them with such powers and authority as may be necessary to make them function as units of self-government.

2. The 73rd and 74th Constitution Amendments inserted Part-IX and IX A in the Constitution.

3. The provisions in Part-IX and IX A of Indian Constitution are more or less parallel and analogous.

4. The 73rd Constitution Amendment is applicable to all States irrespective of size of population.
Which of the statements given above are correct?

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

Article-40 of Indian Constitution provides for States to organise village panchayats. 73rd Constitution Amendment inserted Part-IX that deals with panchayats and 74th Constitution Amendment inserted Part-IX (A) that deals with municipalities.

Both the amendments give provisions that run parallel and are analogous. 73rd Amendment is not applicable in certain areas and in States like Nagaland, Mizoram, etc, where regional councils exist. Hence, option (b) is correct.

43. Consider the following statements about State Election Commission : [Evening Shift-2014 (II)]

1. The State Election Commissioner shall be appointed by the Governor of the State.

2. The State Election Commission shall have the power of even preparing the electoral rolls besides the power of superintendence, direction and control of election to the panchayats.

3. The State Election Commissioner cannot be removed in any manner from his office until he demits himself or completes his tenure.
Which of the statements given above is/are correct?

Correct Answer: (b) 1 and 2
Solution:

The State Election Commissioner (SEC) is appointed by the Governor and he has the power of preparing electoral rolls, superintendence, direction and controls of election to the Panchayat.

He cannot be removed in any manner other than as Judge of High Court, till he demits himself or completes his tenure.
Hence, option (b) is correct.

44. Which of the following statements about Indian Judiciary is not correct? [Evening Shift-2014 (II)]

Correct Answer: (c) Every State in India has separate High Court.
Solution:

The Constitution of India does not provide for double system of courts as in the USA. The organisation subordinate judiciary varies slightly for State-to-State, as we see that every State in India does not have a separate High Court. e.g.

Guwahati High Court has jurisdiction over Arunachal Pradesh, Assam, Nagaland and Mizoram. Supreme Court has directed to constitute All India Judicial Services so as to ensure uniformity in designation of officers in criminal and civil side. Hence, option (c) is not correct.

45. Consider the following statements about world’s first Modern Slavery Bill, published in June, 2014 by the British House of Commons : [Evening Shift-2014 (II)]

1. This is the first of its kind bill in Europe which specifically addresses slavery and trafficking in the 21st century.

2. The Bill fixes the maximum sentence available for the most serious offenders up to 14 years.
Which of the statements given above is/are correct?

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

The Modern Slavery Bill is the first of its kind in Europe, and one of the first in the world, to specifically address slavery and trafficking in the 21st century.

It will give law enforcement, the tool they need to target today's slave drivers, ensure perpetrators are severely punished and improve support and protection for victims.

The maximum sentence available for the most serious offenders from 14 years to life imprisonment.

46. Which of the following about the principles of Panchsheel are correct? [Evening Shift-2014 (II)]

1. These are a set of five principles governing relations between States.
2. The assumption of Panchsheel was that newly independent States after decolonisation would be able to develop a new and more principled approach to international relations. 3. The first formal codification in treaty form was done in an agreement between China and India.
Select the correct answer using the codes given below

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

The five principles of peaceful co-existence, known in India as Panchsheel Treaty, are a set of principles to govern relations between States. Their first formal codification in treaty form was in an agreement between China and India on 29th April, 1954.

An underlying assumption of the Five Principles was that newly independent States after decolonisation would be able to develop a new and more principled approach to international relations.

47. Certain Bills cannot be introduced or proceeded with unless the recommendation of the President is received. However, no recommendation is required in some other cases. In which one of the following cases such recommendation is not required? [Morning Shift-2014 (I)]

Correct Answer: (a) For introduction of Bills and for moving amendments relating to financial matters
Solution:

Money Bill can not be introduced without President’s prior approval. So, both (c) and (d) need President’s approval.

Article 3 of the Constitution states that prior President’s recommendation is required for introduction of a Bill relating to formation of new states or alternation of area of existing states.

48. ‘The Draft Constitution as framed only provides a machinery for the government of the country. It is not a contrivance to install any particular party in power as has been done in some countries. Who should be in power is left to be determined by the people, as it must be, if the system is to satisfy the test of democracy’. [Morning Shift-2014 (I)]

The above passage from Constituent Assembly debates is attributed to

Correct Answer: (b) Dr BR Ambedkar
Solution:

Speaking about the value of Directive Principles of state policy inclusion in the Constitution Dr. BR Ambedkar said the above passage in the constituent Assembly.

This is Dr. Ambedkar second argument rested on the Legistimacy of the democratic system. On 29th August, 1947, the Drafting committee was appointed with Dr.

Ambedkar as the chairman along with 6 other members assisted by constitutional advisor. A Draft Constitution was prepared by the committee and submitted to the assembly on 4th November 1947.
Hence, option (b) is correct.

49. Which of the following statements are correct regarding Joint Session of the Houses of the Parliament in India? [Morning Shift-2014 (I)]

1. It is an enabling provision, empowering the President to take steps for resolving deadlock between the two Houses.
2. It is not obligatory upon the President to summon the Houses to meet in a joint sitting. 3. It is being notified by the President.
4. It is frequently resorted to establish the supremacy of the Lok Sabha.
Select the correct answer using the codes given below

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

The Parliament of India is bicameral. Concurrence of both houses is required to pass any bill. However, in case of deadlock between the Rajya Sabha and the Lok Sabha, Constitution of India provides for Joint sittings of both the Houses to break this deadlock.

The joint sitting of the Parliament is called by the President and is presided over by the Speaker. It is an enabling provision for resolving the deadlock.

However, it is not obligatory upon President, since Article 108 has laid down the provisions for calling a joint sitting. It does not establish the supremacy of Lok Sabha. Hence option (d) is incorrect.

50. Consider the following statements about democracy [Morning Shift-2014 (I)]

1. It consists with the formation of government elected by the people.
2. In democracy, those currently in power have a fair chance of losing.
3. Each vote has one value.
Which of the statement(s) given above is/are correct?

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

Democracy is a form of government in which the rulers are elected by the people. It is based on a free and fair election where these currently in a power having a free chance of loosing.

In a democracy, each adult citizen have one vote and each vote have one value and the final decision-making power rests with those elected by the people.

Democracy also enhances the dignity of citizens. According to Abraham Lincoln, “Democracy is the government of the people, by the people and for the people.
Hence, all the statements are correct.