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Indian PolityMediumAsked in: CDS · CDS-I 2018, GK

Which of the following statements about the Ordinance-making power of the Governor is/are correct? 1. It is a discretionary power. 2. The Governor himself is not competent to withdraw the Ordinance at any time. Select the correct answer using the code given below.

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2

Correct answer

D. Neither 1 nor 2

Explanation

The correct answer is D, Neither 1 nor 2. The Governor makes ordinances on the advice of the Council of Ministers and can withdraw them at any time.

Article 213 lets the Governor promulgate an ordinance when the State Legislature, or either House where there are two, is not in session and he is satisfied that immediate action is needed. The power is exercised on the aid and advice of the Chief Minister and the Council of Ministers, so it is not a discretionary power. An ordinance has the same force as an Act of the Legislature, must be laid before it when it reassembles and lapses six weeks after that unless approved earlier. Article 213(2)(b) states that the Governor may withdraw it at any time.

Statement 1 is wrong because the power is used on ministerial advice. Statement 2 is wrong because the Constitution expressly lets the Governor withdraw an ordinance. So options A, B and C, which accept one or both statements, are wrong.

Exam tip: Article 123 for the President's ordinances, Article 213 for the Governor's; both lapse six weeks after the Legislature reassembles.

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.