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Which of the following was NOT a safeguard introduced by the 44th Constitutional Amendment Act, 1978 regarding Emergency provisions?
- Replacement of 'internal disturbance' with 'armed rebellion' for National Emergency
- Written Cabinet advice mandatory for all Emergency proclamations
- Articles 20 and 21 made non-suspendable during Emergency
- President's Rule can be imposed without Governor's report or objective material
Answer: President's Rule can be imposed without Governor's report or objective material
44th Amendment safeguards (1978): (a) National Emergency: (i) 'Armed rebellion' replaces 'internal disturbance' (higher threshold), (ii) Written Cabinet advice mandatory (not just PM), (iii) Parliamentary approval within 1 month by special majority, (iv) Articles 20-21 non-suspendable, (v) Lok Sabha can revoke by simple majority, (b) President's Rule: (i) Governor's report must be based on objective material, (ii) Subject to judicial review (later reinforced by SR Bommai), (iii) Maximum duration 3 years with strict conditions for extension, (c) Financial Emergency: Written Cabinet advice mandatory; simple majority for Parliamentary approval. Option (d) is incorrect: 44th Amendment strengthened, not weakened, safeguards against arbitrary President's Rule. Illustrates constitutional learning: post-1975 reforms to prevent Emergency misuse.
In SR Bommai v. Union of India (1994), the Supreme Court laid down guidelines to prevent misuse of President's Rule. Which of the following is NOT a guideline from this judgment?
- Floor test is primary method to test majority in Assembly
- Secularism is part of basic structure; violation can justify President's Rule
- President's Rule proclamation is subject to judicial review
- Governor's report is final and cannot be questioned in court
Answer: Governor's report is final and cannot be questioned in court
SR Bommai guidelines (1994): (a) Presidential satisfaction under Article 356 subject to judicial review, (b) Floor test primary method to test majority; Governor cannot dismiss Ministry without testing majority on Assembly floor, (c) Secularism part of basic structure; State government acting against secularism can justify Article 356, (d) Assembly dissolution not automatic; can be revived if proclamation struck down, (e) Governor's report based on objective material, not political opinion, (f) Proclamation must be approved by Parliament within 2 months; if not, State government reinstated. Landmark judgment curbing arbitrary use of Article 356; strengthened federal balance by protecting State autonomy against political misuse.
During a National Emergency, which Fundamental Rights cannot be suspended even by Presidential order under Article 359?
- Articles 14 and 19
- Articles 19 and 21
- Articles 20 and 21
- Articles 21 and 32
Answer: Articles 20 and 21
Non-suspendable rights (44th Amendment, 1978): (a) Article 20: Protection in respect of conviction for offences - (i) No ex post facto law, (ii) No double jeopardy, (iii) No self-incrimination, (b) Article 21: Protection of life and personal liberty - right to fair procedure, dignity, privacy, (c) Rationale: These core rights essential even during crisis; prevent executive excesses like arbitrary detention, torture, retrospective punishment, (d) Article 19 freedoms: Automatically suspended during Emergency on war/external aggression grounds (Article 358), but not during armed rebellion, (e) Historical context: 1975-77 Emergency saw widespread rights violations; 44th Amendment strengthened safeguards. Illustrates constitutional learning: balancing crisis response with rights protection.
During a National Emergency under Article 352, Parliament can legislate on subjects in the State List under Article ______, and such laws cease to operate 6 months after the Emergency ends.
- 249
- 250
- 252
- 253
Answer: 250
Emergency federalism transformation: (a) Article 250: During National Emergency, Parliament gains power to legislate on any State List subject; laws made cease to operate 6 months after Emergency ends (except things done/omitted before expiry), (b) Article 353(b): Union executive can give directions to States on 'manner of exercise' of executive power, (c) Article 354: President can modify financial distribution between Union and States during Emergency, (d) Rationale: Ensure coordinated national response to existential threats (war, external aggression, armed rebellion), (e) Safeguards: Temporary nature, Parliamentary approval, judicial review, restoration of federal normalcy post-Emergency. Illustrates Indian federalism's flexibility: unitary features for crisis management within constitutional framework.
In which landmark case did the Supreme Court hold that 'judicial review' is part of the basic structure of the Constitution and cannot be abrogated even by constitutional amendment?
- Golaknath case (1967)
- Kesavananda Bharati case (1973)
- Minerva Mills case (1980)
- Waman Rao case (1981)
Answer: Minerva Mills case (1980)
Minerva Mills Ltd. v. Union of India (1980): SC struck down parts of 42nd Amendment that sought to exclude judicial review of constitutional amendments. Held: judicial review is part of basic structure; Parliament cannot destroy it. Reinforced Kesavananda Bharati (1973) doctrine: amending power is limited, not absolute.
Under Article 136, the Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in India, except ______.
- High Courts
- Subordinate courts
- Courts-martial
- Administrative tribunals
Answer: Courts-martial
Article 136: SC may grant special leave to appeal from any court/tribunal in India, EXCEPT courts-martial. This discretionary appellate power is residuary and plenary, enabling SC to correct grave injustices or settle important legal questions. Most SLPs are dismissed at threshold; only meritorious cases admitted.
Public Interest Litigation (PIL), which expanded access to justice, was developed by Supreme Court through judicial innovation, not by constitutional amendment.
- True
- False
Answer: True
PIL evolved through judicial activism in 1980s (S.P. Gupta case, 1981): SC relaxed locus standi, allowing any public-spirited person to file petitions for enforcement of rights of disadvantaged groups. Not created by constitutional amendment but by expansive interpretation of Article 32. Democratized access to justice.
Under Article 227, every High Court has superintendence over all courts and tribunals throughout its territorial jurisdiction, EXCEPT:
- Subordinate civil courts
- Subordinate criminal courts
- Courts-martial
- Administrative tribunals
Answer: Courts-martial
Article 227: HC has superintendence over all courts/tribunals within its territory, but NOT over courts-martial (military courts) or tribunals constituted under laws relating to armed forces. This exception preserves military justice system's autonomy while ensuring civilian judicial oversight over regular courts.
Under Article 137, the Supreme Court has power to review any judgment pronounced or order made by it, subject to provisions of law and rules made under Article ______.
- 142
- 145
- 146
- 147
Answer: 145
Article 137: SC may review its own judgments/orders to correct errors apparent on record. Review petitions must be filed within 30 days. Article 145 empowers SC to make rules for regulating practice/procedure, including review procedure. Review is not appeal; only for glaring errors, not re-argument of case.
The President can transfer a Judge of High Court from one HC to another after consultation with the Chief Justice of India.
- True
- False
Answer: True
Article 222: President may transfer HC Judges after consultation with CJI. Supreme Court in S.P. Gupta (1981) and subsequent cases held that CJI's opinion has primacy in transfers to ensure independence and prevent punitive transfers. Transferred Judge receives compensatory allowance. Promotes national integration and judicial exposure.
The power of judicial review exercised by Supreme Court is derived from which provisions?
- Article 13 only
- Articles 32 and 136 only
- Articles 13, 32, 131-136, 226, 246
- Not explicitly mentioned but inherent in Constitution
Answer: Not explicitly mentioned but inherent in Constitution
Judicial review is not explicitly mentioned but is inherent power derived from: (a) Article 13 (laws inconsistent with FRs void), (b) Article 32/226 (writ jurisdiction), (c) Article 131-136 (SC jurisdiction), (d) basic structure doctrine (Kesavananda Bharati, 1973). Enables courts to examine constitutionality of laws/executive actions.
A Judge of Supreme Court can be removed by the President on grounds of proved misbehaviour or incapacity, after Parliament passes an address by majority of total membership and 2/3 of members present and voting.
- True
- False
Answer: True
Article 124(4): SC Judges can be removed only by Presidential order after Parliament passes address by: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. Grounds: proved misbehaviour or incapacity. Judges (Inquiry) Act, 1968 outlines procedure. Only one removal motion initiated (Justice Ramaswami, 1993) but failed.
Which statement about State Executive is CORRECT?
- Governor can dismiss Chief Minister without any reason
- Council of Ministers aids and advises Governor in all matters
- Chief Minister has no role in appointment of Advocate General
- Governor's ordinances cannot be challenged in courts
Answer: Council of Ministers aids and advises Governor in all matters
Article 163(1): Council of Ministers with CM at head aids and advises Governor in exercise of functions, except where Governor is required to act in discretion. Supreme Court in Shamsher Singh (1974) affirmed that Governor generally acts on Cabinet advice. Other options are incorrect: Governor cannot arbitrarily dismiss CM; CM advises on AG appointment; Governor's ordinances are subject to judicial review.
If Governor reserves a Bill for President's consideration, the President can direct Governor to return the Bill to State Legislature for reconsideration.
- True
- False
Answer: True
Article 201: When Governor reserves Bill for President, President may: (a) assent, (b) withhold assent, or (c) direct Governor to return Bill to State Legislature (if not Money Bill) for reconsideration. If Legislature repasses Bill, Governor must present it again to President, who is not bound to assent.
Governor can exercise 'Suspensive Veto' by returning a Bill (except Money Bill) for reconsideration, but if Legislature repasses it, Governor ______ give assent.
- may
- must
- cannot
- should
Answer: must
Article 200: Governor has three veto types: (a) Absolute veto - withhold assent, (b) Suspensive veto - return Bill for reconsideration (if repassed, Governor must assent), (c) Reserve for President. Unlike President, Governor has no pocket veto; must act within reasonable time on Bills.
Under which Article can Governor send a report to President recommending imposition of President's Rule in the State?
- Article 352
- Article 356
- Article 360
- Article 365
Answer: Article 356
Article 356: If Governor is satisfied that State government cannot function per Constitution, they may report to President. President may then proclaim President's Rule (State Emergency), assuming State executive functions. SR Bommai case (1994) laid down guidelines to prevent misuse of this provision.
The 91st Constitutional Amendment Act, 2003 limits State Council of Ministers to ______ percent of Legislative Assembly strength, with minimum of 12 ministers.
- 10
- 15
- 20
- 25
Answer: 15
Article 164(1A), inserted by 91st Amendment (2003): State Council strength cannot exceed 15% of Assembly strength (minimum 12 for small States). Also bars defectors from being appointed ministers until re-elected. These curb horse-trading and excessive ministerial berths at State level.
In which situation does the Governor have genuine discretionary power (not bound by Cabinet advice)?
- Appointing Chief Minister in hung assembly
- Summoning Legislative Assembly
- Granting pardons for State offences
- Assenting to ordinary Bills
Answer: Appointing Chief Minister in hung assembly
Article 163: Governor generally acts on Cabinet advice, but has situational discretion: (a) appointing CM when no party has clear majority, (b) dismissing ministry losing majority, (c) recommending President's Rule under Article 356. Sarkaria Commission (1988) outlined guidelines for exercising these powers impartially.
Under Article 213, Governor can promulgate ordinances when State Legislature is not in session, but such ordinances must be approved within ______ weeks of reassembly.
- 4
- 6
- 8
- 10
Answer: 6
Article 213: Governor's ordinance power mirrors President's under Article 123. Ordinances have same force as State Acts but cease to operate 6 weeks after Legislature reassembles, or earlier if disapproved. Governor cannot issue ordinance without Cabinet advice except in rare discretionary situations.
Under which Article can Parliament legislate on a State List subject if Rajya Sabha passes a resolution by 2/3 majority declaring it expedient in national interest?
- Article 249
- Article 250
- Article 252
- Article 253
Answer: Article 249
Article 249: Rajya Sabha can pass resolution by 2/3 majority of members present and voting, declaring it expedient in national interest that Parliament should legislate on State List subject. Resolution valid for 1 year, renewable. Enables Union legislation on State subjects without Emergency, respecting federal flexibility.