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Indian PolityHardAsked in: CDS · CDS-II 2016, GK

Which among the following Acts were repealed by Article 395 of the Constitution of India? 1. The Government of India Act, 1935 2. The Indian Independence Act, 1947 3. The Abolition of Privy Council Jurisdiction Act, 1949 4. The Government of India Act, 1919 Select the correct answer using the code given below.

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

Correct answer

A. 1 and 2 only

Explanation

The correct answer is A, 1 and 2 only. Article 395 repeals the Indian Independence Act, 1947 and the Government of India Act, 1935, together with the laws that amended or supplemented the 1935 Act.

Article 395, the last article of the Constitution, cut India's legal link with the British Parliament: from 26 January 1950 India's authority came from its own Constitution, not from Acts passed in London. The Article expressly keeps the Abolition of Privy Council Jurisdiction Act, 1949 outside the repeal, because that Act had already ended appeals to the Privy Council in London and transferred its pending cases to the Federal Court, whose work passed to the Supreme Court.

Option B is wrong, because the Privy Council Act was saved, while the Independence Act was repealed. Option C is wrong for the same reason, since it adds the Privy Council Act. Option D is wrong, because the Government of India Act, 1919 is not named, and had already been replaced by the 1935 Act.

Exam tip: Article 395 repeals the Acts of 1935 and 1947, but not the Privy Council Act of 1949.

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.