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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.
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.
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 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.
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.
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.
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.
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.
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).
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.
The Supreme Court of India consists of the Chief Justice of India and such number of other Judges as may be prescribed by ______.
- President
- Parliament
- Chief Justice
- Union Cabinet
Answer: Parliament
Article 124(1): SC consists of CJI and other Judges as Parliament may prescribe by law. Currently, SC strength is 34 Judges (including CJI) as per Supreme Court (Number of Judges) Amendment Act, 2019. Parliament can increase strength based on workload, ensuring judicial capacity matches caseload.
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.
Under Article 176, the Governor addresses the Legislative Assembly at the commencement of the first session after each general election and at the commencement of the first session of each ______.
- month
- quarter
- year
- budget cycle
Answer: year
Article 176: Governor addresses State Legislature at: (a) first session after general election, (b) first session of each year. Address outlines government policies, legislative agenda, and State's condition. Similar to President's address to Parliament under Article 87, reinforcing ceremonial head's role.
Before entering office, the Chief Minister and Ministers take oath administered by the ______.
- President
- Governor
- Chief Justice of High Court
- Speaker of Assembly
Answer: Governor
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.
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.
Which Article provides for the appointment of Advocate General of a State?
- Article 164
- Article 165
- Article 166
- Article 167
Answer: Article 165
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.
Which Article specifies the duties of Chief Minister in communicating Council decisions to Governor?
- Article 164
- Article 165
- Article 166
- Article 167
Answer: Article 167
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.
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.
Which of the following appointments is NOT made by the Governor of a State?
- Chief Minister
- Advocate General
- Chairman of State Public Service Commission
- Judge of High Court
Answer: Judge of High Court
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.