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Indian PolityMediumAsked in: Haryana · HSSC CET Group C, 5 Nov 2022, Shift 2

Article 395 of the Constitution of India, which is also the last article of the Constitution, deals with the provision of which of the following?

  1. A.Citizenship Amendment Act, 2019
  2. B.Formation of new states
  3. C.Repeal of the Indian Independence Act, 1947
  4. D.Proclamation of Emergency

Correct answer

C. Repeal of the Indian Independence Act, 1947

Explanation

The correct answer is C, Repeal of the Indian Independence Act, 1947. Article 395, the last article of the Constitution, repeals the Indian Independence Act, 1947 and the Government of India Act, 1935, along with the laws that amended or added to the 1935 Act. By removing these British laws, the framers made the Constitution the only source of legal authority in India and ended the legal link with the British Parliament. The article makes one exception: the Abolition of Privy Council Jurisdiction Act, 1949 was not repealed. Article 395 sits in Part XXII with Article 393 (short title) and Article 394 (commencement), and it took effect on 26 January 1950. Option A is wrong because the Citizenship Amendment Act, 2019 is an ordinary law made by Parliament, not an article of the Constitution. Option B is wrong because new states are formed under Articles 2 and 3. Option D is wrong because a national emergency is proclaimed under Article 352. Exam tip: Article 395 repeals the Indian Independence Act 1947 and the Government of India Act 1935.

Practice Questions

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Q1.Indian PolityAsked in: CDS · CDS-II 2016, GKEasy

The right to form associations and unions is a right

  1. A.guaranteed to everybody
  2. B.to freedom guaranteed to citizens only
  3. C.to equality before law
  4. D.to life and personal liberty
Show answer
Correct answer: B. to freedom guaranteed to citizens only

The right to form associations or unions is part of Article 19, and Article 19 rights belong only to citizens of India.

Q2.Indian PolityAsked in: CDS · CDS-II 2016, GKMedium

Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct?

  1. A.The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
  2. B.All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
  3. C.The Commission, while investigating any matter, has all the powers of a Civil Court.
  4. D.The Commission has the power to regulate its own procedures.
Show answer
Correct answer: B. All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.

It is not correct, because the President causes the Commission's reports to be laid before each House of Parliament, not only before the Lok Sabha.

Q3.Indian PolityAsked in: CDS · CDS-II 2016, GKHard

Which of the following statements with regard to the conduct of elections in India is/are not correct? 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 code given below.

  1. A.3 only
  2. B.1, 2 and 4
  3. C.1, 2 and 3
  4. D.4 only
Show answer
Correct answer: A. 3 only

Statement 3 is the only incorrect one, because laws on the delimitation of constituencies are made by Parliament, not by the Election Commission.

Q4.Indian PolityAsked in: CDS · CDS-II 2016, GKMedium

Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?

  1. A.It was inserted by the Constitution (First Amendment) Act, 1951.
  2. 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.
  3. C.The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.
  4. D.The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
Show answer
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.

It is not correct, because Article 31B says the opposite: an Act placed in the Ninth Schedule shall not become void merely because it is inconsistent with a fundamental right in Part III.

Q5.Indian PolityAsked in: CDS · CDS-II 2016, GKEasy

The Sixth Schedule of the Constitution of India pertains to the administration of tribal areas in which of the following States?

  1. A.Assam, Meghalaya, Tripura and Mizoram
  2. B.Meghalaya, Tripura, Manipur and Mizoram
  3. C.Assam, Manipur, Meghalaya and Tripura
  4. D.Manipur, Meghalaya, Tripura and Arunachal Pradesh
Show answer
Correct answer: A. Assam, Meghalaya, Tripura and Mizoram

The Sixth Schedule covers the administration of tribal areas in exactly these four north-eastern states.