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Indian Polity and Governance

316 questions

All types316Multiple choice161Multiple select68Matching74Ordering13
Question 121Question →

In the legal system of India, Public Interest Litigation (PIL) relaxed the traditional doctrine of 'locus standi'. Which of the following statements best describes the relaxed rule of locus standi as applied in PIL cases?

Show answer & explanation

Answer: Any public-spirited citizen or organization can approach the court on behalf of disadvantaged individuals who cannot seek legal remedies themselves.

Answer

Any public-spirited citizen or organization can approach the court on behalf of disadvantaged individuals who cannot seek legal remedies themselves.
The key feature of Public Interest Litigation (PIL) in India is the relaxation of the traditional doctrine of 'locus standi'. Under PIL, any public-spirited individual, social activist, or non-governmental organization can file a writ petition under Article 32 (Supreme Court) or Article 226 (High Court) for the protection of constitutional rights of disadvantaged groups who cannot approach the court on their own.

Step-by-Step Solution

1
Recall the traditional concept of 'locus standi'
Traditionally, 'locus standi' (right to stand) meant that only a person whose legal or fundamental right was directly violated could move the court for redressal.
Understanding the baseline rule is essential before examining how PIL modified it.
2
Analyze the relaxation introduced through Public Interest Litigation (PIL)
The Supreme Court of India broadened judicial access by allowing third parties, public-spirited citizens, or NGOs to file petitions for marginalized sections of society who are unable to access justice themselves.
This relaxation ensures constitutional rights are reachable for vulnerable and underprivileged populations.

Key Concept

Relaxation of Locus Standi in Public Interest Litigation (PIL)
Question 122Question →

With reference to the constitutional provisions governing the ordinance-making power of the Union Executive under Article 123 of the Constitution of India, which of the following statements correctly describes the legal boundary and procedural scope of the President's power?

Show answer & explanation

Answer: The President can promulgate an ordinance when both Houses of Parliament are not in session, or when only one House is in session, provided the President is satisfied that circumstances render immediate action necessary.

Answer

The President can promulgate an ordinance when both Houses of Parliament are not in session, or when only one House is in session, provided the President is satisfied that circumstances render immediate action necessary.
Under Article 123 of the Constitution of India, the President can issue an ordinance when either both Houses of Parliament are not in session, or when only one House is in session. Because a law requires the concurrence of both Houses to be enacted, the non-session of even a single House renders parliamentary lawmaking impossible, justifying emergency executive legislation if immediate action is required.

Step-by-Step Solution

1
Analyze the parliamentary session condition under Article 123 of the Constitution.
Since legislation requires approval from both the Lok Sabha and the Rajya Sabha, if even one House is not in session, ordinary legislation cannot be passed, thereby satisfying the condition for issuing an ordinance.
Article 123(1) explicitly states that an ordinance can be promulgated except when both Houses of Parliament are in session.
2
Evaluate the requirement of Executive Aid and Advice.
The exercise of ordinance-making power is not a discretionary power of the President.
Under Article 74(1), the President acts on the binding aid and advice of the Union Council of Ministers headed by the Prime Minister (as affirmed in Samsher Singh v. State of Punjab).
3
Examine the lifespan and expiry timeline of a presidential ordinance.
An ordinance must be laid before both Houses of Parliament and ceases to operate at the expiration of six weeks from the reassembly of Parliament, unless disapproved earlier.
Article 123(2)(a) mandates six weeks from the reassembly of Parliament as the constitutional expiration deadline, not six months from promulgation.
4
Assess the judicial reviewability of the President's subjective satisfaction under Article 123.
The satisfaction of the President is open to judicial scrutiny if it is shown to be a colorable exercise of power or fraudulent.
The 44th Constitutional Amendment Act, 1978 deleted Clause (4) of Article 123 (inserted by 38th Amendment), restoring judicial review as confirmed in RC Cooper (1970) and Krishna Kumar Singh (2017).

Key Concept

Ordinance-making power of the Union Executive (Article 123)
Question 123Question →

Match the Constitutional Articles under Part IXA (74th Constitutional Amendment Act, 1992) listed in List I with their corresponding provisions listed in List II.

Click a left item, then click its matching right item

Items

Article 243Q
Article 243T
Article 243W
Article 243Y

Matches

Show answer & explanation

Answer

Article 243Q matches with the constitution of three types of Municipalities. Article 243T matches with the reservation of seats for SCs, STs, and women. Article 243W matches with the powers, authority, and responsibilities under the Twelfth Schedule. Article 243Y matches with the review of the financial position of Municipalities by the State Finance Commission.
Under Part IXA of the Constitution of India (inserted by the 74th Amendment Act, 1992), Article 243Q defines the constitution of three categories of Municipalities based on demographic and economic parameters. Article 243T establishes mandatory reservation rules for SCs, STs, and women in urban local bodies. Article 243W specifies powers and functions entrusted to Municipalities with reference to the 18 items in the Twelfth Schedule. Article 243Y mandates that the State Finance Commission constituted under Article 243I review the financial position of Municipalities and submit recommendations to the Governor.

Step-by-Step Solution

1
Identify the primary topic of Article 243Q in Part IXA.
Article 243Q provides for the three-tier framework of Urban Local Bodies: Nagar Panchayat for transitional areas, Municipal Council for smaller urban areas, and Municipal Corporation for larger urban areas.
This establishes the basic legal framework for forming Municipalities.
2
Analyze the provision regarding seat reservations under Article 243T.
Article 243T specifies reservations for SCs and STs based on population proportion, and mandates that not less than one-third of total seats be reserved for women.
This ensures inclusive political representation in urban governance bodies.
3
Examine the functional scope defined under Article 243W.
Article 243W enables State Legislatures to confer powers and responsibilities upon Municipalities to prepare plans for economic development and carry out 18 functional subjects under the Twelfth Schedule.
It acts as the constitutional mechanism for functional devolution to Urban Local Bodies.
4
Determine the role of Article 243Y.
Article 243Y mandates the State Finance Commission to review municipal finances, recommend tax distribution, and suggest measures to bolster municipal financial health.
It ensures fiscal decentralization and regular monitoring of urban local finance.

Key Concept

Articles under Part IXA (74th Constitutional Amendment Act, 1992)
Question 124Question →

Regarding the constitutional authority of the Governor and executive-legislative dynamics in an Indian State, which of the following statements are constitutionally correct?

Select all that apply

Show answer & explanation

Answer: The decision of the Governor as to whether a specific matter falls within his constitutional discretion is final, and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.; The Council of Ministers holds office during the pleasure of the Governor, but the Governor cannot arbitrarily dismiss the Cabinet so long as it commands a majority in the Legislative Assembly.

Answer

The constitutionally correct statements are the provision conferring finality to the Governor's discretionary decision-making under Article 163(2) and the provision establishing that the Council of Ministers holds office during pleasure subject to maintaining legislative majority support under Article 164(1).
The statements asserting the finality of the Governor's discretionary decision under Article 163(2) and the requirement of maintaining assembly confidence during the Governor's pleasure under Article 164(1) accurately reflect Indian constitutional provisions and established conventions.

Step-by-Step Solution

1
Analyze discretionary powers under Article 163(2)
Confirm that Article 163(2) grants finality to the Governor's decision when determining if a matter falls within discretionary jurisdiction, making the corresponding statement correct.
The Constitution insulates the Governor's discretionary determinations from judicial or procedural challenge on grounds of propriety.
2
Evaluate pardoning jurisdiction under Article 161 versus Article 72
Identify that while the Governor can suspend, remit, or commute a death sentence, the power to grant a complete pardon for a death sentence rests solely with the President.
Conflating Gubernatorial and Presidential pardoning prerogatives regarding capital punishment is a common misattribution of executive powers.
3
Examine executive tenure and collective responsibility under Article 164
Verify that 'pleasure of the Governor' under Article 164(1) is bound by the principles of parliamentary democracy, making dismissal impossible while assembly majority is maintained.
The Council of Ministers is collectively responsible to the Legislative Assembly under Article 164(2).
4
Assess veto alternatives for Money Bills under Article 200
Determine that Money Bills cannot be returned for reconsideration by the Governor under Article 200.
Money Bills are introduced with prior recommendation of the Governor, excluding the option of returning them for legislative review.

Key Concept

Discretionary and legislative powers of the State Governor under Articles 161, 163, 164, and 200
Question 125Question →

Regarding Public Interest Litigation (PIL) and the scope of judicial review in the Indian constitutional framework, which of the following statements are correct?

Select all that apply

Show answer & explanation

Answer: Public Interest Litigation allows the Supreme Court under Article 32 and High Courts under Article 226 to relax the strict doctrine of locus standi to protect public interest or the rights of marginalized groups.; Judicial review of constitutional amendments and legislative enactments is recognized as an unalterable basic feature of the Indian Constitution.

Answer

The correct statements are that Public Interest Litigation relaxes the traditional rule of locus standi for public interest causes under Articles 32 and 226, and that judicial review forms part of the basic structure of the Indian Constitution.
The relaxation of locus standi in PIL cases allows public-spirited citizens to file writs under Article 32 and Article 226 on behalf of oppressed individuals. Additionally, the power of judicial review is an integral component of the basic structure of the Indian Constitution.

Step-by-Step Solution

1
Analyze locus standi in PIL jurisdiction under Article 32 and Article 226
Confirm that PIL permits any public-spirited individual to approach the court on behalf of disadvantaged citizens who cannot enforce their own rights, effectively relaxing locus standi.
Procedural flexibility is essential to ensure access to constitutional remedies for socio-economically marginalized sections.
2
Evaluate the legal nature of Special Leave Petition under Article 136
Determine that Article 136 is a residual, discretionary constitutional power of the Supreme Court, not a statutory right of appeal for litigants.
Article 136 does not confer a right of appeal on any party; it grants broad discretion to the apex court to interfere in extraordinary situations to prevent grave injustice.
3
Assess the status of Judicial Review under the Basic Structure Doctrine
Confirm that judicial review is a fundamental constitutional feature that cannot be damaged or destroyed by any constitutional amendment under Article 368.
Judicial review safeguards constitutional supremacy and preserves the rule of law.
4
Compare the scope of writ jurisdictions under Article 32 and Article 226
Identify that Article 226 permits writ issuance for fundamental rights and ordinary legal rights ('for any other purpose'), making High Court writ powers broader than the Supreme Court's Article 32 power.
Article 32 is strictly limited to the enforcement of Fundamental Rights enshrined in Part III.

Key Concept

Judicial Review, Locus Standi in PIL, Article 136 Discretionary Power, and Comparative Scope of Writ Jurisdiction (Article 32 vs Article 226)
Question 126Question →

Which of the following British legislative acts introduced provincial autonomy and provided for the establishment of an All-India Federation?

Show answer & explanation

Answer: Government of India Act, 1935

Answer

Government of India Act, 1935
The Government of India Act, 1935 marked a significant landmark in constitutional development. It abolished provincial dyarchy, granted provinces autonomy to function as independent units of administration in their defined spheres, and proposed an All-India Federation consisting of British Indian provinces and Princely States.

Step-by-Step Solution

1
Identify the key constitutional provision highlighted in the question (abolition of provincial dyarchy, granting provincial autonomy, and proposing an All-India Federation).
These major constitutional reforms were enacted through the Government of India Act, 1935.
The 1935 Act restructured centre-state relations by granting executive and legislative autonomy to provinces in designated fields.

Key Concept

Key provisions of the Government of India Act, 1935
Estimated Time:45s
Question 127Question →

With reference to the constitutional provisions governing Constitutional Bodies in India, consider the following statements:

1. The salary and other conditions of service of the Comptroller and Auditor General (CAG) of India cannot be varied to his disadvantage after his appointment.
2. A member of a State Public Service Commission (SPSC) can be removed from office by the Governor of the concerned state on the ground of misbehaviour after an inquiry by the High Court.
3. The recommendations made by the Finance Commission under Article 280 of the Constitution are advisory in nature and not legally binding on the Union Government.

Which of the statements given above is/are correct?

Show answer & explanation

Answer: 1 and 3 only

Answer

1 and 3 only
The statement regarding the CAG's protection against disadvantageous variation of service conditions is accurate under Article 148(3). Similarly, the statement noting that Finance Commission recommendations under Article 280 are advisory is correct. However, the statement regarding SPSC removal is false because SPSC members can only be removed by the President (not the Governor) after an inquiry by the Supreme Court (not the High Court). Thus, the combination containing 1 and 3 only is the correct answer.

Step-by-Step Solution

1
Evaluate Statement 1 regarding the CAG's independence safeguards.
Statement 1 is correct. Article 148(3) explicitly safeguards the CAG's independence by stipulating that the salary and other service conditions of the CAG shall not be varied to his disadvantage after his appointment.
Constitutional independence requires protection against executive pressure through post-appointment variations in service conditions.
2
Evaluate Statement 2 regarding the removal procedure for State Public Service Commission (SPSC) members.
Statement 2 is incorrect. Under Article 317, although members of an SPSC are appointed by the Governor, they can be removed from office ONLY by the President of India (not the Governor) on the ground of misbehaviour, and only after the Supreme Court (not the High Court) conducts an inquiry.
State PSC members enjoy constitutional immunity from state-level executive removal to ensure impartiality.
3
Evaluate Statement 3 regarding the nature of Finance Commission recommendations.
Statement 3 is correct. Under Article 280, the recommendations of the Finance Commission are advisory in nature and there is no legal obligation on the Union Government to implement them, though they carry strong moral authority.
The Constitution designates the Finance Commission as a quasi-judicial advisory body.

Key Concept

Constitutional Bodies: Removal Powers, Independence Safeguards, and Advisory Status
Question 128Question →

With reference to the structural and functional changes brought about in the Constituent Assembly of India by the Indian Independence Act of 1947, consider the following statements:

1. The Assembly was made a fully sovereign body, empowered to alter or repeal any law made by the British Parliament in relation to India.
2. The Assembly performed dual functions—legislative and constituent—and both sessions were presided over by Dr. Rajendra Prasad.
3. The total strength of the Constituent Assembly was reduced to 299 members from the originally sanctioned 389 members due to the withdrawal of members from Muslim League-dominated areas.

Which of the statements given above are correct?

Show answer & explanation

Answer: 1 and 3 only

Answer

Statements 1 and 3 are correct. The option containing '1 and 3 only' is the correct answer.
The Indian Independence Act of 1947 transformed the Constituent Assembly into a sovereign body authorized to abrogate British legislation. Following partition, Muslim League members withdrew, reducing the membership to 299. However, when functioning as a law-making legislative body, the Assembly was presided over by G.V. Mavlankar, whereas Dr. Rajendra Prasad presided only when it convened to frame the Constitution.

Step-by-Step Solution

1
Analyze Statement 1 regarding Assembly sovereignty
Statement 1 is correct. Section 8 of the Indian Independence Act of 1947 abrogated the control of the British Parliament and made the Constituent Assembly a fully sovereign body, competent to repeal or alter any existing British law applicable to India.
Verify the constitutional power transferred to the Constituent Assembly under the 1947 Act.
2
Analyze Statement 2 regarding dual functions and presiding officers
Statement 2 is incorrect. While the Assembly was assigned dual tasks (making the Constitution and enacting ordinary laws), these two tasks were performed on separate days. When the Assembly met as a constituent body, it was chaired by Dr. Rajendra Prasad; when it met as a legislative body (India's provisional Parliament), it was chaired by G.V. Mavlankar.
Examine the leadership structure of the Assembly during its constituent vs legislative functions.
3
Analyze Statement 3 regarding revised membership strength
Statement 3 is correct. Following the partition and withdrawal of the Muslim League members representing Pakistan areas, the total strength of the Assembly fell from 389 to 299 (229 from Indian provinces and 70 from princely states).
Check the numerical impact of partition on the Constituent Assembly composition.

Key Concept

Impact of the Indian Independence Act of 1947 on the Constituent Assembly
Estimated Time:2m 0s
Question 129Question →

Which of the following constitutional bodies in India are established directly under Article 315 of the Constitution of India? Select all correct options.

Select all that apply

Show answer & explanation

Answer: Union Public Service Commission (UPSC); State Public Service Commission (SPSC)

Answer

The Union Public Service Commission (UPSC) and the State Public Service Commission (SPSC) are both established directly under Article 315 of the Constitution of India.
Both the Union Public Service Commission and the State Public Service Commission are constituted under Article 315 of the Constitution of India, which provides for Public Service Commissions for the Union and for the States.

Step-by-Step Solution

1
Identify the article specifying the establishment of Public Service Commissions.
Article 315 of Part XIV of the Constitution mandates Public Service Commissions for the Union and for each State.
To determine which bodies derive their existence directly from Article 315.
2
Verify the constitutional provisions for the other listed entities.
The Election Commission of India is established under Article 324, and the Comptroller and Auditor General of India is established under Article 148.
To eliminate constitutional bodies created under different articles.

Key Concept

Constitutional provisions for Public Service Commissions (Article 315)
Estimated Time:45s
Question 130Question →

Match the Constitutional Articles under Part IXA of the Constitution of India (74th Constitutional Amendment Act) in List I with their corresponding provisions in List II. Which of the following correctly pairs each Article with its constitutional function?

Click a left item, then click its matching right item

Items

Article 243Q
Article 243S
Article 243ZD
Article 243ZE

Matches

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Answer

The correct alignment pairs Article 243Q with the Constitution of Municipalities (Nagar Panchayat, Municipal Council, Municipal Corporation); Article 243S with the Constitution and composition of Wards Committees; Article 243ZD with the District Planning Committee; and Article 243ZE with the Metropolitan Planning Committee.
The correct pairing correctly matches each article under Part IXA to its designated constitutional provision: Article 243Q establishes the three-tier municipal categories, Article 243S regulates Wards Committees, Article 243ZD provides for District Planning Committees, and Article 243ZE provides for Metropolitan Planning Committees.

Step-by-Step Solution

1
Analyze the core structural constitutional provisions under Part IXA
Article 243Q lays down the multi-tiered structure of urban local governance (Nagar Panchayat, Municipal Council, and Municipal Corporation).
This establishes the basic legal framework for classifying urban settlements.
2
Evaluate local ward-level institutional mechanisms under Part IXA
Article 243S requires the creation of Wards Committees specifically for municipalities reaching or exceeding a population of 3 lakh.
It ensures decentralization down to the ward level in populous urban centers.
3
Differentiate district-level planning from metropolitan-level planning articles
Article 243ZD governs District Planning Committees, whereas Article 243ZE governs Metropolitan Planning Committees.
District planning consolidates rural-urban panchayat and municipality inputs, while metropolitan planning coordinates large multi-jurisdictional urban regions.

Key Concept

Constitutional provisions under Part IXA (74th Amendment Act, 1992)
Question 131Question →

With reference to the District Planning Committee (DPC) constituted under Article 243ZD of the Constitution of India (74th Constitutional Amendment Act), consider the following statements:

1. A District Planning Committee is mandated to consolidate the development plans prepared by Panchayats and Municipalities in every district.
2. Not less than four-fifths of the total members of the committee must be elected by, and from amongst, the elected members of the district-level Panchayat and Municipalities.
3. The Chairperson of every District Planning Committee forwards the consolidated development plan directly to NITI Aayog for central fund allocation.

Which of the statements given above are correct?

Show answer & explanation

Answer: 1 and 2 only

Answer

Statements 1 and 2 are correct. Statement 3 is incorrect because the Chairperson of the District Planning Committee is constitutionally required to forward the draft development plan to the Government of the State, not to a central agency like NITI Aayog.
Statements 1 and 2 are constitutional facts under Article 243ZD. The District Planning Committee consolidates rural and urban plans in a district, with at least four-fifths of its members elected from among elected members of the district panchayat and municipalities proportional to rural and urban population ratios.

Step-by-Step Solution

1
Analyze Statement 1
Article 243ZD(1) mandates that every state shall constitute a District Planning Committee at the district level to consolidate the plans prepared by Panchayats and Municipalities.
This is the primary constitutional mandate of the District Planning Committee.
2
Analyze Statement 2
Article 243ZD(2)(a) stipulates that not less than four-fifths (4/54/5) of the total members of such committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and the Municipalities in the district in proportion to the ratio between the rural and urban populations in the district.
This guarantees local representation in spatial planning.
3
Analyze Statement 3
Article 243ZD(4) explicitly specifies that the Chairperson of every District Planning Committee shall forward the development plan, as recommended by such committee, to the Government of the State.
Administrative devolution is to the State executive, not the Union planning body.

Key Concept

Constitutional provisions under Article 243ZD for the District Planning Committee (74th Constitutional Amendment Act)
Estimated Time:1m 0s
Question 132Question →

Match the Constitutional Articles governing the State Executive and State Legislature in List-I with their corresponding legal provisions in List-II:

Click a left item, then click its matching right item

Items

Article 174
Article 175
Article 176
Article 201

Matches

Show answer & explanation

Answer

Article 174 matches with Sessions, prorogation, and dissolution of the Legislative Assembly; Article 175 matches with Right of the Governor to address and send messages to the House or Houses; Article 176 matches with Special address by the Governor at the commencement of the first session; and Article 201 matches with Bills reserved by the Governor for the consideration of the President.
Article 174 corresponds to the Governor's powers to summon, prorogue, and dissolve the Legislative Assembly. Article 175 grants the Governor the right to address either or both Houses of the State Legislature and to send messages. Article 176 outlines the mandatory special address by the Governor at the start of the first session post-elections and annually. Article 201 outlines the procedure for bills reserved by the Governor for the assent/consideration of the President.

Step-by-Step Solution

1
Identify the primary scope of Article 174.
Article 174 deals with summoning, prorogation, and dissolution of the State Legislative Assembly by the Governor.
This establishes the procedural power of the Governor regarding legislative sessions.
2
Distinguish between Article 175 and Article 176.
Article 175 relates to the general right to address and send messages, whereas Article 176 pertains specifically to the mandatory special address at the start of the first session after general elections and the first session of each year.
Confusing general addressing powers with mandatory inaugural annual/post-election addresses is a common distractor area.
3
Analyze Article 201 in contrast to Article 200.
Article 200 relates to the Governor's options regarding assent to bills, while Article 201 covers the specific procedure followed once a bill is reserved for Presidential consideration.
Article 201 details the actions open to the President upon receiving a reserved state bill.

Key Concept

Constitutional provisions regarding the Governor's powers and proceedings of the State Legislature
Question 133Question →

With reference to the constitutional provisions governing environmental protection in India under Part IV (Directive Principles of State Policy) and Part IV-A (Fundamental Duties), which of the following statements are correct?

Select all that apply

Show answer & explanation

Answer: Article 48A directs the State to endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.; Both Article 48A and Part IV-A containing Article 51A(g) were incorporated into the Constitution of India by the 42nd Constitutional Amendment Act, 1976.

Answer

The statement declaring that Article 48A directs the State to protect and improve the environment, as well as the statement noting that both Article 48A and Article 51A(g) were added by the 42nd Constitutional Amendment Act, 1976, are correct.
Article 48A obligates the State to protect and improve the environment and safeguard forests and wildlife. Both Article 48A and Part IV-A (containing Article 51A(g)) were added together to the Constitution of India via the 42nd Constitutional Amendment Act, 1976.

Step-by-Step Solution

1
Examine the origin and provision of Article 48A under Part IV (DPSPs).
Article 48A mandates the State to protect and improve the environment and safeguard forests and wildlife.
It was introduced into Part IV by the 42nd Constitutional Amendment Act, 1976.
2
Analyze the legal history and inclusion of Fundamental Duties under Part IV-A.
Part IV-A (Article 51A), which includes Article 51A(g) regarding environmental duty, was added by the 42nd Constitutional Amendment Act, 1976, and was not present in the original 1950 Constitution.
Fundamental Duties were added based on the recommendations of the Swaran Singh Committee.
3
Evaluate the judicial enforceability of Article 48A under Article 37.
Directive Principles are fundamentally non-justiciable and cannot be directly enforced by writ jurisdiction under Article 226.
Article 37 explicitly declares that Part IV provisions are not enforceable by any court.

Key Concept

Environmental Protection Provisions under Directive Principles (Article 48A) and Fundamental Duties (Article 51A(g))
Question 134Question →

With reference to the legislative relations between the Centre and States and Emergency Provisions under the Constitution of India, consider the following statements:

1. Under Article 249, a resolution passed by the Rajya Sabha empowering Parliament to legislate on a matter in the State List remains in force for such period as specified in the resolution, not exceeding one year at a time.
2. A law enacted by Parliament pursuant to a resolution under Article 249 ceases to have effect on the expiration of six months after the resolution has ceased to be in force.
3. When a proclamation of National Emergency under Article 352 is in operation on the grounds of armed rebellion, the fundamental rights under Article 19 are automatically suspended throughout India under Article 358.
4. A proclamation imposing President's Rule under Article 356 must be approved by both Houses of Parliament within two months from the date of its issue by a special majority in each House.

Which of the statements given above are correct?

Show answer & explanation

Answer: 1 and 2 only

Answer

The correct option is the one stating that statements 1 and 2 only are correct.
Statements 1 and 2 correctly reflect the provisions of Article 249 of the Indian Constitution, where Rajya Sabha can authorize Parliament to legislate on a State List subject for up to one year at a time, and such parliamentary laws remain valid for six months after the resolution lapses. Statement 3 is wrong because Article 358 suspends Article 19 only during external aggression or war, not armed rebellion. Statement 4 is wrong because Article 356 requires approval by a simple majority rather than a special majority.

Step-by-Step Solution

1
Analyze Statement 1 regarding Article 249 resolution duration
Article 249(2) states that a resolution passed by Rajya Sabha declared by 2/32/3 majority present and voting remains in force for such period specified therein not exceeding one year. It can be renewed repeatedly for one year at a time.
Verify constitutional duration constraint for Rajya Sabha state list resolution.
2
Analyze Statement 2 regarding post-resolution parliamentary law validity
Article 249(3) explicitly specifies that a law made by Parliament shall cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force.
Verify legal sunset clause under Article 249.
3
Analyze Statement 3 regarding Article 358 application during armed rebellion
As per the 44th Constitutional Amendment Act (1978), Article 358 operates only when a National Emergency is proclaimed on grounds of war or external aggression (external emergency). It does not apply to armed rebellion (internal emergency).
Check 44th Amendment safeguards on Fundamental Rights during National Emergency.
4
Analyze Statement 4 regarding parliamentary approval majority for President's Rule (Article 356)
A proclamation under Article 356 requires approval by both Houses within two months by a simple majority (majority of members present and voting). Special majority is required under Article 352 (National Emergency), not Article 356.
Distinguish approval majority requirements across different types of emergency provisions.

Key Concept

Centre-State Legislative Relations (Article 249) and Parliamentary/Constitutional nuances of Emergency Provisions (Articles 352, 356, and 358/359)
Estimated Time:2m 30s
Question 135Question →

Regarding the ordinance-making power of the President of India under Article 123 of the Constitution, which of the following statements are constitutionally correct?

Select all that apply

Show answer & explanation

Answer: An ordinance promulgated by the President has the same force and effect as an Act of Parliament, and it can be issued when either of the two Houses of Parliament is not in session.; Every ordinance promulgated by the President must be laid before both Houses of Parliament and automatically ceases to operate six weeks after the reassembly of Parliament, unless disapproved earlier.

Answer

The constitutionally correct statements are: (1) An ordinance promulgated by the President has the same force as an Act of Parliament and can be issued when either House is not in session, and (2) Every ordinance must be laid before both Houses of Parliament upon reassembly and ceases to operate six weeks after reassembly unless disapproved earlier.
The statement regarding the promulgation when either House is not in session is correct because a law cannot be enacted by Parliament without both Houses meeting. The statement regarding parliamentary reassembly is correct as Article 123(2)(a) stipulates an automatic six-week expiry period from the reassembly date of Parliament.

Step-by-Step Solution

1
Analyze the session prerequisite for issuing an ordinance under Article 123.
Since lawmaking requires approval by both Houses, if either House is not in session, legislation cannot be passed, making it constitutionally permissible for the President to issue an ordinance.
Article 123(1) explicitly permits ordinance promulgation when 'except when both Houses of Parliament are in session'.
2
Evaluate the constitutional limitations on the subject matter of ordinances.
Ordinances are subject to the same constitutional limitations as Acts of Parliament and cannot be used to amend the Constitution under Article 368.
The power to amend the Constitution requires special parliamentary majorities and procedure under Article 368, which cannot be bypassed via executive ordinances.
3
Examine the parliamentary approval timeline and life of an ordinance.
An ordinance must be presented to Parliament when it reassembles and lapses automatically six weeks from the date of reassembly unless disapproved or replaced by an Act.
Article 123(2)(a) mandates parliamentary control over executive legislation.
4
Compare the nature of executive satisfaction for the President and the Governor.
Neither executive acts in individual discretion; both act on the binding aid and advice of their respective Council of Ministers.
Articles 74/123 (Union) and Articles 163/213 (State) establish cabinet responsibility for ordinance promulgation.

Key Concept

Ordinance-making power of the President (Article 123) and its constitutional limits
Estimated Time:2m 0s
Question 136Question →

Arrange the following procedural stages involved in the enactment of the Budget (Annual Financial Statement) in the Indian Parliament in their correct chronological sequence from the initial stage to final enactment:

Drag items to arrange them in the correct order

Show answer & explanation

Answer

The correct chronological order of stages in passing the Budget in Indian Parliament is: Presentation of the Budget -> General Discussion -> Scrutiny by Departmental Standing Committees during parliamentary recess -> Voting on Demands for Grants (in Lok Sabha) -> Passing of the Appropriation Bill -> Passing of the Finance Bill.
The statutory and procedural flow of the Indian Parliamentary Budget follows six strict sequential stages. It begins with Presentation of the Budget (Article 112), followed by a broad General Discussion. Parliament then adjourns for recess to let 24 Departmentally Related Standing Committees scrutinize individual ministry demands. Upon reassembling, the Lok Sabha votes on Demands for Grants. Next, the Appropriation Bill (Article 114) is passed to authorize withdrawals from the Consolidated Fund of India. Finally, the Finance Bill is passed to enact tax and revenue proposals.

Step-by-Step Solution

1
Identify the inaugural stage of the legislative budget process.
Presentation of the Budget (Annual Financial Statement under Article 112) along with the Finance Minister's speech is the first step.
Parliament cannot discuss financial provisions before they are formally laid.
2
Determine the broad debate stage immediately following presentation.
General Discussion takes place in both Lok Sabha and Rajya Sabha.
It allows members to debate overall fiscal policies before detailed scrutiny.
3
Identify the committee evaluation mechanism introduced in 1993.
Recess for Departmentally Related Standing Committees (DRSCs) to examine ministry-wise Demands for Grants.
Houses adjourn temporarily so 24 standing committees can scrutinize detailed estimates and submit reports.
4
Locate the voting phase for expenditure.
Voting on Demands for Grants occurs exclusively in the Lok Sabha.
Under Article 113(2), Rajya Sabha has no voting power on demands for grants.
5
Identify the legislation authorizing expenditure withdrawal.
Passing of the Appropriation Bill under Article 114.
No money can be withdrawn from the Consolidated Fund of India except under appropriation made by law.
6
Identify the final legislation authorizing revenue collection.
Passing of the Finance Bill under Article 110/117.
The Finance Bill legalizes tax proposals, completing the enactment of the Budget.

Key Concept

Stages in Enactment of Budget (Annual Financial Statement) under Indian Constitutional Law and Parliamentary Rules
Question 137Question →

Under which Article of the Constitution of India is the office of the Comptroller and Auditor General (CAG) of India established?

Show answer & explanation

Answer: Article 148

Answer

Article 148 establishes the office of the Comptroller and Auditor General of India.
The option specifying Article 148 is correct because Chapter V of Part V of the Constitution of India provides for the office, appointment, tenure, and duties of the Comptroller and Auditor General (CAG).

Step-by-Step Solution

1
Identify the constitutional provisions relating to independent constitutional bodies.
Article 148 specifically prescribes an independent Comptroller and Auditor General of India appointed by the President.
The CAG acts as the guardian of the public purse and audits all expenditure from the Consolidated Fund of India.

Key Concept

Constitutional provisions for the Comptroller and Auditor General of India (Article 148)
Question 138Question →

Which of the following statements regarding the writ jurisdiction of the Supreme Court and High Courts under the Constitution of India are correct?

Select all that apply

Show answer & explanation

Answer: The Supreme Court can issue writs only for the enforcement of Fundamental Rights.; A High Court can issue writs for the enforcement of Fundamental Rights as well as for any other legal purpose.; Article 32 is itself a Fundamental Right, whereas Article 226 is not a Fundamental Right.

Answer

The statements stating that the Supreme Court can issue writs only for Fundamental Rights, that High Courts can issue writs for Fundamental Rights as well as any other legal purpose, and that Article 32 itself is a Fundamental Right while Article 226 is not, are all correct.
The Supreme Court's writ jurisdiction under Article 32 is limited to enforcing Fundamental Rights, and Article 32 itself resides in Part III as a Fundamental Right. Conversely, High Courts under Article 226 have a broader subject-matter scope to issue writs for both Fundamental Rights and any other legal rights, though Article 226 itself is not a Fundamental Right.

Step-by-Step Solution

1
Analyze the constitutional mandate of Article 32 for the Supreme Court.
Article 32 is in Part III of the Constitution, making the right to move the Supreme Court for enforcement of Fundamental Rights itself a Fundamental Right. The Supreme Court cannot issue writs for ordinary legal rights under Article 32.
The scope of Article 32 is restricted to remedies for enforcement of Part III rights.
2
Analyze the constitutional mandate of Article 226 for High Courts.
Article 226 allows High Courts to issue writs for Fundamental Rights and 'for any other purpose', covering statutory and legal rights.
The phrase 'for any other purpose' broadens the remedial scope of High Courts beyond that of the Supreme Court.
3
Compare the scope of writ jurisdictions between Supreme Court and High Courts.
High Court writ jurisdiction is broader in legal scope than Supreme Court writ jurisdiction, though the Supreme Court's territorial jurisdiction spans all of India.
Supreme Court writ powers are confined to Fundamental Rights, whereas High Courts cover both Fundamental Rights and common legal rights.

Key Concept

Writ Jurisdiction of Supreme Court (Article 32) versus High Courts (Article 226)
Question 139Question →

Regarding the exclusive Original Jurisdiction of the Supreme Court of India under Article 131 of the Constitution, which of the following legal propositions accurately reflects its constitutional scope and judicial limitations?

Show answer & explanation

Answer: It is strictly confined to legal rights disputes between the constituent units of the Indian federation and does not extend to suits brought by private citizens or statutory public corporations.

Answer

The exclusive original jurisdiction under Article 131 is strictly confined to legal rights disputes between the constituent federal units (Union and States) and does not extend to suits brought by private citizens or statutory public corporations.
Article 131 of the Constitution endows the Supreme Court with exclusive original jurisdiction in disputes between federal units—the Union and States or among States—concerning legal rights. Judicial interpretation strictly limits 'State' to constituent governments of the federation, excluding statutory corporations, autonomous bodies, and private citizens.

Step-by-Step Solution

1
Examine the requisite parties and subject matter for invoking Article 131.
Article 131 requires a dispute between the Government of India and one or more States, or between two or more States, centered on a question of legal right.
This establishes Article 131 as an exclusive federal forum for intergovernmental legal disputes.
2
Analyze judicial interpretation regarding the definition of 'State' under Article 131.
The Supreme Court ruled in landmark decisions (e.g., State of Bihar v. Union of India) that statutory corporations and private individuals do not constitute a 'State' for Article 131 suits.
Non-state entities must seek legal remedies through standard civil suits or writ petitions under Article 32 or Article 226.
3
Identify express constitutional exclusions under the proviso to Article 131.
Disputes arising from pre-constitutional treaties, covenants, engagements, or sanads are explicitly barred from the original jurisdiction of the Court.
Such historical disputes are reserved for executive resolution or advisory references under Article 143.

Key Concept

Scope and federal limitations of Supreme Court's Original Jurisdiction under Article 131
Estimated Time:2m 0s
Question 140Question →

With reference to the constitutional provisions governing Panchayati Raj under Part IX of the Constitution of India (73rd Constitutional Amendment Act, 1992), consider the following statements:

1. The provisions of Part IX do not apply to the States of Nagaland, Meghalaya, and Mizoram.
2. Any law enacted by Parliament extending the provisions of Part IX to Scheduled Areas under Article 243M is deemed to be an amendment of the Constitution under Article 368.
3. Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.

Which of the statements given above are correct?

Show answer & explanation

Answer: 1 and 3 only

Answer

Statements 1 and 3 are correct.
Statements 1 and 3 are correct. Under Article 243M(1), Part IX does not apply to the States of Nagaland, Meghalaya, and Mizoram. Under Article 243B(2), states with a population not exceeding 20 lakhs have the option of not establishing an intermediate-level Panchayat. Statement 2 is incorrect because Article 243M(4)(b) explicitly stipulates that laws extending Part IX provisions to Scheduled Areas shall not be deemed constitutional amendments under Article 368.

Step-by-Step Solution

1
Evaluate Statement 1 regarding state exemptions under Part IX
Under Article 243M(1), Part IX of the Constitution does not apply to the States of Nagaland, Meghalaya, and Mizoram.
These states possess unique customary traditional councils and local governance frameworks, making standard Part IX provisions non-applicable.
2
Evaluate Statement 2 regarding parliamentary extension to Scheduled Areas and Article 368
Article 243M(4)(b) specifies that any law enacted by Parliament extending Part IX to Fifth Schedule areas (e.g., PESA Act, 1996) shall not be deemed to be an amendment of the Constitution for the purposes of Article 368.
This allows ordinary legislation to adapt Panchayati Raj features without requiring the formal constitutional amendment procedure.
3
Evaluate Statement 3 regarding intermediate Panchayat population threshold
Under Article 243B(2), Panchayats at the intermediate level (Block/Panchayat Samiti level) may not be constituted in a State having a population not exceeding twenty lakhs.
This provides structural flexibility to small states, allowing them to operate a two-tier system (Gram Panchayat and Zilla Parishad).

Key Concept

Exempted Areas (Article 243M) and Tier Exemptions (Article 243B) under the 73rd Amendment
Estimated Time:1m 30s
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