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A Proclamation of National Emergency under Article 352 is issued by the President based on written advice of the ______, and must be laid before each House of Parliament.
- Prime Minister alone
- Cabinet
- National Security Advisor
- Chief Justice
Answer: Cabinet
Emergency proclamation procedure: (a) Article 352(3): President can proclaim Emergency only after receiving written recommendation of Cabinet (not just PM), (b) Rationale: Ensure collective responsibility; prevent unilateral executive action, (c) Parliamentary process: Proclamation laid before each House; must be approved within 1 month by special majority, (d) Transparency: Written advice creates record for judicial review, historical accountability, (e) Historical context: During 1975 Emergency, proclamation based on PM's advice alone; 44th Amendment mandated Cabinet advice to prevent recurrence. Illustrates democratic safeguards: Emergency powers exercised through collective executive decision, subject to legislative and judicial oversight.
During President's Rule under Article 356, the State Legislative Assembly may be suspended or dissolved; if suspended, it can be revived if the Proclamation is revoked, but if dissolved, fresh ______ must be held to constitute new Assembly.
- referendum
- elections
- appointments
- nominations
Answer: elections
State Legislature during President's Rule: (a) Article 356(1)(a): President may declare that State Legislature powers shall be exercisable by Parliament, (b) Assembly status options: (i) Suspended: Not dissolved; can be revived if Proclamation revoked (SR Bommai principle), (ii) Dissolved: Ceases to exist; fresh elections required to constitute new Assembly, (c) SR Bommai safeguard: Dissolution not automatic; Governor/President must justify based on objective material; courts can revive Assembly if Proclamation invalidated, (d) Rationale: Balance between administrative necessity (dissolution if no viable government possible) and democratic restoration (suspension allows revival if crisis resolved), (e) Practice: Post-SR Bommai, dissolution less frequent; courts emphasize floor test over gubernatorial assessment. Illustrates federal-democratic balance: temporary Union intervention with clear path to State democratic restoration.
Under Article 352(7), if Lok Sabha passes a resolution disapproving continuation of National Emergency by ______ majority, the President must revoke the Proclamation.
- simple
- two-thirds
- three-fourths
- absolute
Answer: simple
Emergency revocation safeguards (44th Amendment, 1978): (a) Article 352(7): If Lok Sabha passes resolution disapproving Emergency by simple majority, President must revoke Proclamation, (b) Additional safeguard: If 1/10th of Lok Sabha members give written notice to Speaker, special sitting must be held within 14 days to consider revocation resolution, (c) Rationale: Empowers legislature to check executive Emergency power; ensures periodic democratic review, (d) Historical context: During 1975-77 Emergency, Lok Sabha term extended, opposition jailed; 44th Amendment strengthened legislative checks to prevent recurrence, (e) Balance: Executive can proclaim Emergency for crisis response; legislature can revoke if threat abates or misuse suspected. Illustrates democratic safeguards: Emergency powers subject to continuous legislative oversight.
President's Rule under Article 356 can remain in force for a maximum period of three years, subject to Parliamentary approval every six months, and extensions beyond one year require National Emergency in India/State and Election Commission certification that elections cannot be held.
- True
- False
Answer: True
President's Rule duration safeguards (44th Amendment, 1978): (a) Initial period: 6 months from Parliamentary approval, (b) Extension: Can be extended by Parliamentary approval every 6 months, (c) Maximum duration: 3 years total, (d) Extensions beyond 1 year require: (i) National Emergency in India or that State (Article 352), AND (ii) Election Commission certification that elections cannot be held due to security/administrative constraints, (e) Rationale: Prevent indefinite suspension of State democracy; ensure return to normalcy, (f) Historical use: Article 356 used over 120 times; SR Bommai (1994) curbed political misuse. Illustrates federal safeguards: temporary Union intervention for genuine breakdown, not political convenience.
Under Article 356, President's Rule can be imposed in a State if the President is satisfied, on receipt of report from the ______ or otherwise, that the State government cannot be carried on in accordance with the Constitution.
- Chief Minister
- Governor
- Chief Justice
- Speaker
Answer: Governor
Article 356 procedure: (a) Trigger: President satisfied (on Governor's report or otherwise) that State government cannot function per Constitution, (b) 'Or otherwise': Allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use, (c) Proclamation effects: (i) State executive functions assumed by President (exercised by Governor), (ii) State Legislature powers exercisable by Parliament, (iii) State Assembly may be suspended or dissolved, (d) Safeguards: Parliamentary approval within 2 months, maximum duration 3 years, judicial review (SR Bommai). Illustrates federal balance: Union power to address genuine constitutional breakdown while protecting State autonomy against political misuse.
A Proclamation of National Emergency under Article 352 must be approved by both Houses of Parliament within one month of its issue by special majority (majority of total membership and 2/3 of members present and voting).
- True
- False
Answer: True
Parliamentary approval safeguards (44th Amendment, 1978): (a) Time limit: Approval required within 1 month of proclamation issue, (b) Special majority: (i) Majority of total membership of each House, AND (ii) 2/3 of members present and voting, (c) If Lok Sabha dissolved: Rajya Sabha can approve, but new Lok Sabha must approve within 30 days of reconstitution, (d) Extension: Once approved, Emergency remains valid for 6 months; can be extended indefinitely by fresh Parliamentary approval every 6 months (special majority each time), (e) Revocation: Lok Sabha can revoke by simple majority resolution; 1/10th members can demand special sitting. Illustrates democratic checks on executive emergency power.
Under Article 352, the President can proclaim a National Emergency on grounds of war, external aggression, or:
- Internal disturbance
- Armed rebellion
- Economic crisis
- Political instability
Answer: Armed rebellion
Article 352 grounds evolution: (a) Original text (1950): War, external aggression, or internal disturbance, (b) 44th Amendment (1978): Replaced 'internal disturbance' with 'armed rebellion' to prevent misuse like 1975 Emergency, (c) Current grounds: (i) War: Declared conflict with foreign state, (ii) External aggression: Hostile act by foreign state without formal war declaration, (iii) Armed rebellion: Organized violent uprising within India threatening constitutional order, (d) Safeguards: Written Cabinet advice mandatory, Parliamentary approval within 1 month by special majority, judicial review. Illustrates constitutional learning: Emergency powers balanced with democratic safeguards post-1975 experience.
India has an integrated judicial system with Supreme Court at apex, followed by High Courts, and subordinate courts, unlike USA which has dual system.
- True
- False
Answer: True
Indian judiciary is integrated: SC at apex, HCs in States, subordinate courts below. Single citizenship, single judicial hierarchy, SC decisions binding on all courts (Article 141). Contrasts with USA's dual system: federal courts + separate State courts. India's system ensures uniformity in law interpretation nationwide.
The Supreme Court's power to punish for contempt of itself is derived from which Article?
- Article 129
- Article 130
- Article 131
- Article 142
Answer: Article 129
Article 129: SC is a court of record and has power to punish for contempt of itself. Similarly, Article 215 grants same power to High Courts. Contempt of Courts Act, 1971 defines civil/criminal contempt and procedure. Ensures judicial authority and dignity are maintained, preventing obstruction of justice.
The conduct of Judges of Supreme Court and High Courts cannot be discussed in Parliament or State Legislature except on a motion for removal.
- True
- False
Answer: True
Article 121 (SC) and Article 211 (HC): Conduct of Judges cannot be discussed in Parliament/State Legislature except upon motion for removal. Protects judicial independence from political criticism and ensures Judges can decide cases without fear of legislative reprisal. Reinforces separation of powers.
Salaries and allowances of Supreme Court Judges are charged on which fund?
- Consolidated Fund of India
- Contingency Fund of India
- Public Account of India
- State Consolidated Fund
Answer: Consolidated Fund of India
Article 125: SC Judges' salaries, allowances, pensions charged on Consolidated Fund of India (not subject to annual parliamentary vote). Similarly, HC Judges' expenses charged on State Consolidated Fund (Article 221). This financial insulation protects judicial independence from executive/legislative pressure.
When office of Chief Justice of High Court is vacant, the President may appoint a Judge of that High Court as acting Chief Justice under Article ______.
- 223
- 224
- 224A
- 225
Answer: 223
Article 223: President may appoint senior-most HC Judge as acting CJ when office is vacant or CJ is absent/unable to perform duties. Ensures continuity in HC administration. Similar provision for additional Judges under Article 224 to handle temporary workload increases.
Which writ jurisdiction is wider: Supreme Court under Article 32 or High Court under Article 226?
- Supreme Court
- High Court
- Both are equal
- Depends on the case
Answer: High Court
Article 226: HC can issue writs not only for enforcement of Fundamental Rights (like SC under Article 32) but also for 'any other purpose' (enforcement of legal rights). Thus, HC's writ jurisdiction is wider territorially (within State) and substantively (FRs + legal rights). SC's jurisdiction is nationwide but limited to FRs for writs.
Judges of High Court are appointed by the President after consultation with the Chief Justice of India, the Governor of the State, and the ______ of the High Court.
- Senior-most Judge
- Chief Justice
- Administrative Judge
- Registrar
Answer: Chief Justice
Article 217: HC Judges appointed by President after consultation with: (a) CJI, (b) Governor of State, (c) CJ of that HC (except for appointment of CJ). Collegium system applies: CJI-led collegium recommends names. Ensures judicial independence while incorporating executive input through consultation.
Under Article 143, the President may seek Supreme Court's opinion on any question of law or fact of public importance, and the Court's opinion is binding on the President.
- True
- False
Answer: False
Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, SC's opinion is NOT binding on President; it's advisory only. SC may decline to answer if question is political or speculative. Used in landmark references: Ayodhya (1993), 2G spectrum (2012), NJAC (2015).
Which type of cases can be appealed to Supreme Court as of right (without certificate from High Court)?
- Civil cases involving substantial question of law
- Criminal cases where HC reversed acquittal and sentenced to death
- Cases certified by HC as fit for appeal
- All of the above
Answer: Criminal cases where HC reversed acquittal and sentenced to death
Article 134(1): Appeal to SC as of right in criminal cases if: (a) HC reversed acquittal and sentenced to death, OR (b) HC withdrew case from subordinate court and sentenced to death, OR (c) HC certifies case fit for appeal. Civil appeals require HC certification of substantial question of law (Article 133).
The Supreme Court has original jurisdiction in disputes between the Government of India and one or more States, or between States themselves, under Article ______.
- 131
- 132
- 133
- 134
Answer: 131
Article 131: SC has exclusive original jurisdiction in federal disputes: (a) Union vs one/more States, (b) Union+State(s) vs State(s), (c) State vs State. Excludes disputes arising from pre-Constitution treaties/agreements. Ensures apex court resolves inter-governmental conflicts impartially, preserving federal balance.
A Judge of the Supreme Court retires upon attaining the age of ______ years.
- 58
- 60
- 62
- 65
Answer: 65
Article 124(2): SC Judges retire at 65 years; HC Judges at 62 years (Article 217). Judges can resign by writing to President. This age differentiation recognizes SC's greater workload and complexity, while ensuring regular infusion of fresh judicial talent at both levels.
Judges of the Supreme Court are appointed by the President after consultation with such Judges of Supreme Court and High Courts as the President may deem necessary.
- True
- False
Answer: True
Article 124(2): SC Judges appointed by President after consultation with CJI and other SC/HC Judges as deemed necessary. Collegium system (evolved through Judges Cases: 1981, 1993, 1998) now governs appointments: CJI-led collegium recommends names, President normally appoints. Ensures judicial independence.
Article 167 requires the Chief Minister to communicate to the Governor all decisions of the Council of Ministers relating to administration of State affairs and proposals for ______.
- judicial appointments
- legislation
- international treaties
- financial audits
Answer: legislation
Article 167(a-b): CM shall communicate to Governor all Council decisions on State administration and legislative proposals; furnish information called by Governor. Ensures Governor (nominal executive) stays informed while CM/Council (real executive) governs. Reinforces cooperative executive functioning at State level.