CDS (II) 2021 General Knowledge · Question 74 of 120

This question was dropped. UPSC's official answer key for CDS (II) 2021 General Knowledge carries no correct option against it, and every candidate was treated alike. The reason is visible on the page: the stem asks which statement is not correct about the nature of India's federal system, and all four statements are defensible as true, so there is nothing left for the key to mark. Statement (a) is true — the Fourth Schedule allots Rajya Sabha seats roughly in proportion to population, so Uttar Pradesh has 31 while Goa has one, and there is no equality of State representation of the American kind. Statement (b) is true — Sikkim was first brought in as an associate of the Union under Article 2A, inserted by the Constitution (Thirty-fifth Amendment) Act, 1974, and became a full State only when the Thirty-sixth Amendment of 1975 omitted Article 2A and inserted Article 371F. Statement (c) is true — Article 371D does make special provision for Andhra Pradesh, inserted by the Thirty-second Amendment of 1973 and extended to Telangana in 2014. Statement (d) is true — Articles 352 to 360 let the Union take over the functions of the States during an emergency, which is what is meant by the system acquiring a unitary strength. The item could only have been repaired by rewriting statement (b) to assert that Sikkim was initially included as a full-fledged State; as printed, there is no wrong statement to find.

• (a)There is no equality of representation of States in the Council of States. — Defensibly true, so it cannot be the odd one out. Seats in the Council of States are distributed by population under the Fourth Schedule, which is precisely why representation of the States there is unequal.
• (b)Sikkim was not initially included in the Union as a full-fledged State. — Defensibly true as well. Article 2A, headed 'Sikkim to be associated with the Union', was inserted by the 35th Amendment in 1974; Sikkim became a full State only under the 36th Amendment in 1975.
• (c)Special provisions have been laid down in the Constitution of India for Andhra Pradesh under Article 371 D. — True. Article 371D provides for equitable opportunities in public employment and education within Andhra Pradesh, and after the 2014 reorganisation it applies to Telangana as well.
• (d)The Constitution of India enables the federal government to acquire the strength of a unitary system during emergencies. — True. Under a Proclamation of Emergency the Union may direct a State on the exercise of its executive power and Parliament may legislate on State subjects, which is the standard description of the system turning unitary.

Indian federalism is usually described as federal in form and unitary in spirit, or in the Constituent Assembly's own phrase as a Union of States rather than a federation formed by agreement among States. Its distinctive features are a strong Centre with residuary powers, single citizenship, an integrated judiciary, an all-India services cadre, unequal representation of States in the second chamber, special provisions for particular States under Articles 371 to 371J, and emergency provisions that let the Union displace the ordinary division of powers.

It is worth being clear about why the question failed, because that is where its teaching value lies. The examiner appears to have wanted statement (b) to be the false one — the intended trap being that Sikkim, unlike other States, joined in a lesser status first. But as printed the statement says Sikkim was 'not initially included in the Union as a full-fledged State', and that is exactly what happened: the 35th Amendment made it an associate state with limited representation, and only the 36th made it a State. Once (b) reads true, all four options are true and the item is unkeyable. The right way to use this card is to treat it as four true propositions about the nature of Indian federalism and to learn each of them, rather than to hunt for an answer that the Commission itself concluded was not there.

• Rajya Sabha seats are allotted to States by the Fourth Schedule, broadly in proportion to population, so representation of States is unequal.
• Article 2A, headed 'Sikkim to be associated with the Union', was inserted by the Constitution (Thirty-fifth Amendment) Act, 1974 and omitted by the Thirty-sixth Amendment in 1975.
• Article 371F, which contains the special provisions for the State of Sikkim, was inserted by the Thirty-sixth Amendment in 1975.
• Article 371D, inserted by the Thirty-second Amendment of 1973, makes special provision for Andhra Pradesh and, since 2014, for Telangana.
• Under a Proclamation of Emergency the Union's executive power extends to directing a State, and Parliament may legislate on State List subjects.

• Assuming every question has a keyed answer; four items in the CDS papers of these years were dropped outright.
• Believing Rajya Sabha seats are distributed equally among the States, as in the United States Senate.
• Mixing up Article 371D for Andhra Pradesh with Article 371F for Sikkim and Article 371A for Nagaland.

As a which-is-not-a-feature item on Indian federalism, as an Article-to-State pairing for the 371 series, or as a question on the amendment that admitted Sikkim.

• practice — not a real PYQ

  Special provisions with respect to the State of Sikkim are contained in which one of the following Articles?

  • (a)Article 371A
  • (b)Article 371D
  • (c)Article 371F
  • (d)Article 371H

  Answer(c) Article 371F — inserted by the Constitution (Thirty-sixth Amendment) Act, 1975, when Sikkim became a full State.

• practice — not a real PYQ

  Seats in the Council of States are allotted to the States by which one of the following?

  • (a)First Schedule
  • (b)Second Schedule
  • (c)Fourth Schedule
  • (d)Seventh Schedule

  Answer(c) Fourth Schedule — the allotment is broadly by population, which is why State representation there is unequal.