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A Proclamation of National Emergency under Article 352 must be approved by both Houses of Parliament within ______ month(s) of its issue, by special majority.
- 1
- 2
- 3
- 6
Answer: 1
Article 352(4): Emergency proclamation must be approved within one month by both Houses with special majority: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. If Lok Sabha is dissolved, Rajya Sabha approves, but Lok Sabha must approve within 30 days of reconstitution. 44th Amendment (1978) tightened approval requirements to prevent misuse like 1975 Emergency.
Which Constitutional Amendment introduced the provision that amendments affecting federal structure require ratification by half of State Legislatures?
- Original Constitution
- 24th Amendment
- 42nd Amendment
- 73rd Amendment
Answer: Original Constitution
Article 368(2) proviso (in original Constitution): Amendments affecting: (a) election of President, (b) extent of executive power of Union/States, (c) Supreme Court/High Courts, (d) distribution of legislative powers, (e) representation of States in Parliament, (f) Article 368 itself, require ratification by legislatures of not less than half States. Protects federal features from unilateral Union amendment; foundational federal safeguard.
The Indian Constitution is described as 'federal with a strong unitary bias' because it contains more unitary features than federal features.
- True
- False
Answer: False
India has both federal (written Constitution, division of powers, independent judiciary, bicameralism) and unitary features (single citizenship, strong Centre, All India Services, emergency provisions, Governor's role, integrated judiciary, Parliament's power to reorganize States). 'Unitary bias' means Centre has overriding powers in crises, not that unitary features outnumber federal ones. Balance tilts to Centre for national unity in diverse post-Partition India.
Under Article 301, freedom of trade, commerce and intercourse throughout India is subject to parliamentary power to impose restrictions in public interest under Article 302, but neither Parliament nor State Legislatures can give preference to one State over another under which Article?
- Article 303
- Article 304
- Article 305
- Article 306
Answer: Article 303
Article 301: Freedom of trade/commerce/intercourse throughout India. Article 302: Parliament may impose restrictions in public interest. Article 303(1): Neither Parliament nor State Legislature can make law giving preference to one State over another or discriminating between States by virtue of any entry in Lists. Exception: Article 303(2) allows preference to address scarcity of goods. Balances economic unity with regulatory needs.
During Financial Emergency under Article 360, the President can issue directions to States to observe canons of financial ______, and to reduce salaries of government servants including High Court Judges.
- austerity
- propriety
- transparency
- accountability
Answer: propriety
Article 360(3): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including HC Judges, (c) reserve Money Bills for Presidential consideration. Never invoked in India. Designed to protect national financial stability while respecting judicial independence through other safeguards.
The Supreme Court in SR Bommai case (1994) held that the imposition of President's Rule under Article 356 is subject to judicial review and the State Legislative Assembly can be revived if the proclamation is struck down.
- True
- False
Answer: True
SR Bommai v. Union of India (1994): Landmark 9-judge bench judgment: (a) Presidential satisfaction under Article 356 subject to judicial review, (b) Proclamation can be struck down if mala fide or based on irrelevant grounds, (c) Floor test is primary method to test majority, (d) Assembly dissolution not automatic; can be revived if proclamation invalidated. Curbed arbitrary use of Article 356.
During a National Emergency under Article 352, the federal structure of the Constitution automatically converts into a unitary one without any formal amendment.
- True
- False
Answer: True
Article 353(b): During National Emergency, Union executive power extends to giving directions to any State on 'manner of exercise' of its executive power. Article 250: Parliament can legislate on State List. Combined effect: State autonomy temporarily suspended; Centre assumes unitary control. Restored post-Emergency. Designed for crisis management, not permanent centralization.
Under Article 262, Parliament has enacted the Inter-State Water Disputes Act, 1956, which establishes tribunals whose awards have the same force as an order of the ______.
- High Court
- Supreme Court
- President
- Finance Commission
Answer: Supreme Court
Article 262(2): Parliament may exclude jurisdiction of Supreme Court/other courts over inter-State water disputes. Inter-State Water Disputes Act, 1956: Tribunals' awards have same force as Supreme Court orders; binding on parties. 2019 amendment makes awards final and binding, with implementation monitoring mechanism. Balances judicial finality with specialized expertise.
The Governor acts solely as the constitutional head of the State and has no role as an agent of the Union Government.
- True
- False
Answer: False
Governor has dual role: (a) Constitutional head of State executive (Article 153-167), (b) Agent of Union for reporting State affairs to President (Article 356). This duality can create tension: Sarkaria Commission recommended Governors act impartially, not as Union agents; appointed after consulting State CM; not removed arbitrarily. Balances federal autonomy with Union oversight.
Under Article 279A, decisions of the GST Council are taken by a majority of not less than 3/4th of weighted votes, where the Union has ______ of total votes and States collectively have ______.
- 1/2, 1/2
- 1/3, 2/3
- 1/4, 3/4
- 2/3, 1/3
Answer: 1/3, 2/3
Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: (a) Union Government: 1/3 vote weight, (b) All State Governments collectively: 2/3 vote weight. Ensures neither Union nor States can dominate; requires consensus on GST rates, exemptions, thresholds. Exemplifies cooperative fiscal federalism in practice.
Under Article 252, if two or more State Legislatures pass resolutions requesting Parliament to legislate on a State List subject, Parliament can make law applicable to those States, and other States may adopt it later by passing ______.
- Presidential order
- Governor's notification
- State Legislature resolution
- Supreme Court direction
Answer: State Legislature resolution
Article 252: Cooperative federalism mechanism: (a) Two+ States pass resolutions requesting Parliament to legislate on State List subject, (b) Parliament enacts law applicable to consenting States, (c) Other States may adopt law later by passing State Legislature resolution. Enables uniform legislation on subjects like water disputes, environmental protection while respecting State autonomy.
Under Article 249, Rajya Sabha can enable Parliament to legislate on a State List subject by passing a resolution with simple majority.
- True
- False
Answer: False
Article 249: Rajya Sabha can pass resolution by SPECIAL majority (2/3 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 while ensuring national interest.
Which statement best describes the role of writ jurisdiction in Indian constitutionalism?
- Writs are extraordinary remedies available only in criminal cases
- Writs are procedural technicalities with limited substantive impact
- Writs are powerful tools for enforcing rights, checking executive excess, and ensuring constitutional governance
- Writs can only be issued by Supreme Court, not High Courts
Answer: Writs are powerful tools for enforcing rights, checking executive excess, and ensuring constitutional governance
Writ jurisdiction (Articles 32, 226) is cornerstone of Indian constitutionalism: (a) Enforces Fundamental Rights and legal rights, (b) Checks executive/judicial excesses through judicial review, (c) Ensures accountability via Mandamus, Certiorari, etc., (d) Adapts to new challenges through PIL, continuing mandamus. Empowers courts as guardians of Constitution and protectors of citizens' rights against State power.
The Supreme Court can issue advisory opinions under Article 143 in response to Presidential reference, and such opinions have the same binding force as writ judgments under Article 32.
- True
- False
Answer: False
Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, advisory opinion is NOT binding on President or government; it's consultative. Writ judgments under Article 32 are binding and enforceable. Advisory jurisdiction complements but does not replace writ jurisdiction; serves different constitutional purposes.
Violation of which principle of natural justice can be a ground for issuing Certiorari?
- Audi alteram partem only
- Nemo judex in causa sua only
- Both audi alteram partem and nemo judex in causa sua
- Neither; natural justice not relevant for writs
Answer: Both audi alteram partem and nemo judex in causa sua
Natural justice principles: (a) Audi alteram partem (hear the other side: right to notice, hearing, cross-examination), (b) Nemo judex in causa sua (no one should be judge in own cause: rule against bias). Violation of either can be ground for Certiorari to quash order of judicial/quasi-judicial body. Ensures fair procedure in administrative/judicial decisions.
The Supreme Court has evolved the concept of 'continuing mandamus' to monitor implementation of its directions in public interest cases over time.
- True
- False
Answer: True
Continuing mandamus: SC/HC keeps writ petition pending and issues periodic directions to executive agencies to ensure compliance with court orders in PIL cases (e.g., environmental protection, police reforms, prison conditions). Enables judicial monitoring of executive action without usurping executive function. Innovative tool for effective rights enforcement.
For Quo Warranto to lie, the office in question must be:
- Created by private contract
- Substantive and public in character
- Temporary or honorary
- Within private organization
Answer: Substantive and public in character
Quo Warranto conditions: (a) Office must be substantive (not mere employment/function), (b) Created by Constitution/statute, (c) Public in character (governmental function), (d) Person must assert claim to office, (e) Claim must be without legal authority. Not issued for: (a) Private offices, (b) Offices held at pleasure, (c) Mere declarations of right.
The principle of res judicata applies to writ petitions under Article 32, barring re-litigation of same issue between same parties.
- True
- False
Answer: True
Supreme Court has held (Daryao case, 1961): Res judicata applies to Article 32 petitions. If HC has decided writ petition on merits under Article 226, same petition cannot be filed in SC under Article 32 on same grounds. Exceptions: (a) Fresh grounds, (b) Change in law, (c) Continuing wrong. Balances finality of litigation with access to justice.
Habeas Corpus cannot be issued in which of the following situations?
- Detention by private individual
- Detention under preventive detention law with procedural compliance
- Detention by foreign government
- Detention of minor by parent
Answer: Detention under preventive detention law with procedural compliance
Habeas Corpus not issued if: (a) Detention is lawful (e.g., valid conviction, preventive detention with procedural safeguards under Article 22), (b) Proceeding is for contempt of court/legislature, (c) Detention by competent court. However, if preventive detention violates procedural safeguards (e.g., no communication of grounds, no advisory board), HC/SC can issue Habeas Corpus.
Mandamus cannot be issued to compel performance of which type of duty?
- Statutory duty
- Ministerial duty
- Discretionary duty
- Public duty
Answer: Discretionary duty
Mandamus compels performance of: (a) Statutory duty (imposed by law), (b) Ministerial duty (no discretion), (c) Public duty. Cannot compel: (a) Discretionary duty (court cannot dictate how discretion exercised, only that it be exercised fairly), (b) Private contracts, (c) Internal legislative proceedings. Respects separation of powers while ensuring accountability.