MCQ – GK Questions

Article 164(3) and Third Schedule: CM and Ministers take oath before Governor. Oath includes: (a) bear true faith to Constitution, (b) uphold sovereignty and integrity of India, (c) faithfully discharge duties, (d) maintain confidentiality. Formalizes constitutional commitment at State level.

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.

Article 165: Governor appoints Advocate General (AG) who must be qualified to be High Court judge. AG is highest law officer of State, advises government, represents State in courts, has right to speak in State Legislature but no vote. Holds office during Governor's pleasure.

Article 167: CM shall communicate to Governor all Council decisions on State administration and legislative proposals; furnish information called by Governor; submit matters for Council consideration if Governor requires. Mirrors Article 78 for Union, ensuring coordination between nominal and real executive at State level.

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.

Article 217: High Court judges are appointed by President (not Governor) after consultation with CJI, Governor of State, and CJ of HC. Governor appoints CM (Article 164), Advocate General (Article 165), SPSC Chairman/members (Article 316), and other State officers. Understanding appointment authorities is crucial.

Article 155: Governor is appointed by the President by warrant under his hand and seal. Though appointed by President, Governor is not an employee of Union government. Conventionally, President consults State CM, but consultation is not mandatory as per Constitution.

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.

Committee on Subordinate Legislation (1953) examines whether executive's rule-making powers (delegated by Parliament) are within constitutional limits, not usurping legislative functions, and conform to parent Act. Ensures executive doesn't overreach while implementing laws. Both Lok Sabha and Rajya Sabha have separate committees.

Article 368(2): Most Constitutional Amendments require: (a) majority of total membership of each House, AND (b) 2/3 majority of members present and voting. Some amendments (federal provisions) additionally require ratification by half of State Legislatures. This ensures broad consensus for constitutional changes.

Committee on Public Undertakings (1964) examines reports of CAG on public sector undertakings, like Estimates Committee examines government expenditure estimates. Both are financial committees with Lok Sabha majority. PAC (oldest, 1921) audits post-expenditure; Estimates Committee examines pre-expenditure proposals.

Article 105: Powers, privileges, and immunities of Parliament and members are: (a) as defined by Parliament by law, or (b) until so defined, those of British House of Commons as on 26.01.1950. Privileges include freedom of speech in House, immunity from court proceedings for parliamentary acts, right to exclude strangers.

Article 100(3): Quorum for either House is one-tenth of total membership (including presiding officer). If quorum lacking, presiding officer must adjourn House or suspend meeting. This ensures minimum participation for valid proceedings while preventing obstruction by absentees.

Seventh Schedule: Union List (97 subjects) includes defence, foreign affairs, currency, etc. Public Health is in State List (List II, Subject 6). Parliament can legislate on State List during Emergency (Article 250), if Rajya Sabha passes resolution (Article 249), or for implementing international agreements (Article 253).

Article 84(b): Qualifications for Parliament membership: (a) citizen of India, (b) minimum age: 25 for Lok Sabha, 30 for Rajya Sabha, (c) other qualifications as per Parliament law. Age criteria ensure maturity while allowing youth participation in lower house.

Article 79: Parliament comprises President, Lok Sabha (House of People), and Rajya Sabha (Council of States). President is integral part of Parliament: gives assent to bills, summons/prorogues sessions, addresses Houses. This tripartite structure ensures checks and balances in legislation.

Article 77(1): All executive actions of Union government are expressed to be taken in President's name. However, Article 74(1) mandates these actions be based on Cabinet advice. President cannot appoint Governors arbitrarily (consultation with State CM is convention), cannot remove SC judges (requires Parliamentary impeachment), and war declaration needs Parliamentary support for funding and legitimacy.

Article 65: If President's office falls vacant due to death, resignation, removal, or otherwise, Vice President discharges functions. If VP office is also vacant, Chief Justice of India (or senior-most SC judge) acts as President. Election to fill vacancy must be held within 6 months.

PM is ex-officio Chairman of NITI Aayog (replaced Planning Commission in 2015), Cabinet Committees, Nuclear Command Authority, and other key bodies. This centralizes policy coordination and strategic decision-making under PM's leadership, reflecting PM's primacy in Union executive.

Article 76: President appoints Attorney General (AG) who must be qualified to be Supreme Court judge. AG is highest law officer, advises government, represents Union in courts, has right to speak in Parliament but no vote. AG holds office during President's pleasure and can be removed anytime.