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Indian PolityEasyAsked in: CDS · CDS-I 2017, GK

Which one of the following statements relating to protection against arrest and detention of individuals under Article 22 is not correct?

  1. A.No person who is arrested shall be detained in custody without being informed of the grounds for such arrest.
  2. B.No person shall be denied the right to consult, and be defended by, a legal practitioner of his/her choice.
  3. C.Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of one week of such arrest.
  4. D.The right to protection against arrest is not available to a person in jail pursuant to a judicial order.

Correct answer

C. Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of one week of such arrest.

Explanation

The correct answer is C. Article 22(2) requires an arrested person to be produced before the nearest magistrate within 24 hours, not one week.

Article 22(1) and 22(2) give an arrested person four safeguards: to be told the grounds of arrest, to consult and be defended by a lawyer of choice, to be produced before the nearest magistrate within 24 hours, excluding the time of the journey, and not to be held beyond that period without the magistrate's order. These safeguards apply to ordinary arrest by the executive. They do not cover enemy aliens or persons held under preventive detention laws, which Article 22 deals with separately.

Option A is correct as a statement because being told the grounds of arrest is in Article 22(1). Option B is correct because the right to a lawyer of one's choice is also in Article 22(1). Option D is correct because these protections guard against arbitrary executive arrest, not detention under a court's order.

Exam tip: Article 22, produce before the magistrate within 24 hours, excluding travel time.

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.