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Indian PolityHardAsked in: CDS · CDS-II 2017, GK

Consider the following statements about the Scheduled Castes and the Scheduled Tribes under the provisions of the Constitution of India : 1. State can make any special provision relating to their admission to the Government educational institutions. 2. State can make any special provision relating to their admission to the private educational institutions aided by the State. 3. State can make any special provision relating to their admission to the private educational institutions not aided by the State. 4. State can make any special provision relating to their admission to the minority educational institutions as described in Article 30. Which of the statements given above are correct?

  1. A.1 and 2 only
  2. B.3 and 4 only
  3. C.1, 2 and 3 only
  4. D.1, 2, 3 and 4

Correct answer

C. 1, 2 and 3 only

Explanation

The correct answer is C, 1, 2 and 3 only. Article 15(5) lets the State make special provisions for the admission of SCs and STs to educational institutions, including private ones whether aided or not, but it expressly leaves out minority institutions under Article 30(1).

Article 15(5) was added by the 93rd Constitutional Amendment Act, 2005, after the Supreme Court held in P. A. Inamdar (2005) that the State could not impose reservation on unaided private colleges. The new clause allows special provisions for socially and educationally backward classes, Scheduled Castes and Scheduled Tribes in admissions to all educational institutions, State-run, aided or unaided. Minority institutions protected by Article 30(1) are excluded so that minorities keep their right to run their own institutions. The Supreme Court upheld the clause in Pramati Educational and Cultural Trust (2014).

Option A is wrong because it leaves out unaided private institutions, which are covered. Option B is wrong because statement 4 is false and statements 1 and 2 are true. Option D is wrong because minority institutions are kept outside Article 15(5).

Exam tip: Article 15(5) = 93rd Amendment, 2005; covers aided and unaided private institutions, excludes minority institutions.

Practice Questions

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Q1.Indian PolityAsked in: CDS · CDS-I 2018, GKMedium

Which of the following statements about Attorney General of India is/are not correct? 1. He is the first Law Officer of the Government of India. 2. He is entitled to the privileges of a Member of the Parliament. 3. He is a whole-time counsel for the Government. 4. He must have the same qualifications as are required to be a judge of the Supreme Court. Select the correct answer using the code given below.

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

The Attorney General is not a whole-time counsel of the Government; he is not barred from private legal practice, so statement 3 is the only incorrect one.

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

Which one of the following statements is not correct with respect to protection of individuals being tried for offences?

  1. A.A confession can never be used as evidence against the accused.
  2. B.The accused must have violated an existing law.
  3. C.An accused cannot be tried and punished for the same offence again.
  4. D.The quantum of punishment must be provided in law as it existed on the date of commission of an offence.
Show answer
Correct answer: A. A confession can never be used as evidence against the accused.

Article 20(3) only bars compelling an accused to be a witness against himself; a confession made freely and lawfully can still be used as evidence.

Q5.Indian PolityAsked in: CDS · CDS-II 2017, GKEasy

The President of India is elected by an Electoral College comprising of elected members of which of the following? 1. Both the Houses of the Parliament 2. The Legislative Assemblies of States 3. The Legislative Councils of States 4. The Legislative Assemblies of NCT of Delhi and Puducherry Select the correct answer using the code given below.

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

Under Article 54, the President is elected by the elected members of both Houses of Parliament, the elected members of the State Legislative Assemblies and, since the 70th Amendment, the elected members of the Assemblies of Delhi and Puducherry.