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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.
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 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.
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.
Every State in India must have a separate High Court.
- True
- False
Answer: False
Article 214: There shall be HC for each State, BUT Parliament may establish common HC for two or more States/UTs. Examples: Bombay HC (Maharashtra, Goa, Dadra & Nagar Haveli, Daman & Diu); Gauhati HC (Assam, Nagaland, Mizoram, Arunachal Pradesh); Punjab & Haryana HC. Enables judicial efficiency for smaller States.
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).
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.
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.
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.
The same person can be appointed as Governor of two or more States simultaneously.
- True
- False
Answer: True
Article 153 (as amended by 7th Amendment, 1956): Same person can be appointed Governor of two or more States. This provision enables administrative flexibility, especially for small States or during transitional periods. Emoluments are shared between States as determined by President.
The Chief Minister can advise the Governor to dissolve the Legislative Assembly, and Governor is bound to accept this advice if CM commands majority.
- True
- False
Answer: True
Article 174: Governor summons/prorogues Assembly and can dissolve it. Convention dictates Governor accepts CM's advice on dissolution if CM commands majority. However, in ambiguous situations (e.g., loss of majority), Governor may exercise discretion to explore alternative government before dissolving.
Article 361 grants immunity to Governor from criminal proceedings during their term of office.
- True
- False
Answer: True
Article 361: Governor enjoys immunity: (a) no criminal proceedings during term, (b) no arrest/imprisonment, (c) civil proceedings allowed with 2-month notice. Ensures Governor can perform constitutional duties without harassment. Immunity ends after tenure; post-tenure accountability remains.
The Council of Ministers of a State is collectively responsible to the Legislative Assembly of that State.
- True
- False
Answer: True
Article 164(2): Council of Ministers is collectively responsible to Legislative Assembly (not Council). This means: (a) Ministry falls if Assembly passes no-confidence motion, (b) Ministers defend policies jointly, (c) CM's resignation dissolves entire Council. Cornerstone of parliamentary democracy at State level.
The Governor's pardoning power under Article 161 extends to death sentences.
- True
- False
Answer: False
Article 161: Governor can grant pardons, reprieves, respites, remissions for offences against State law. However, Governor cannot pardon: (a) court-martial punishments, (b) death sentences (only President under Article 72 can pardon death sentences). This division prevents conflicting clemency decisions.
The Governor can reserve a Bill passed by State Legislature for consideration of the President.
- True
- False
Answer: True
Article 200: Governor may reserve certain Bills for President's consideration: (a) Bills derogating HC powers, (b) Bills on Concurrent List conflicting with Union law, (c) Bills against DPSP or national interest. President may assent, withhold assent, or direct Governor to return Bill (if not Money Bill).
A person must be a resident of the State to be appointed as its Governor.
- True
- False
Answer: False
Article 157-158: Qualifications for Governor: (a) citizen of India, (b) completed 35 years of age. No requirement of State residency. In fact, convention dictates that Governor should be an 'outsider' to maintain impartiality and avoid local political entanglements.
A No-Confidence Motion can be introduced only in Lok Sabha and requires support of at least 50 members to be admitted.
- True
- False
Answer: True
Rule 198 of Lok Sabha Rules: No-confidence motion against Council of Ministers can be introduced only in Lok Sabha (as Council is collectively responsible to it under Article 75(3)). Requires support of at least 50 members for admission. If passed, Council must resign. Rajya Sabha cannot remove government directly.
The Tenth Schedule (Anti-Defection Law) was added by the 52nd Constitutional Amendment Act, 1985 to curb political defections.
- True
- False
Answer: True
52nd Amendment (1985) inserted Tenth Schedule: Members disqualified if (a) voluntarily give up party membership, or (b) vote/abstain contrary to party whip without prior permission. Exceptions: merger of 2/3 members, independent members joining party post-election, nominated members joining party after 6 months. Speaker/Chairman decides disqualification.
Prorogation of a House terminates all pending notices and motions, whereas adjournment sine die does not affect pending business.
- True
- False
Answer: False
Adjournment (daily/short break) doesn't affect pending business. Prorogation (end of session) terminates pending notices but NOT bills or motions. Dissolution (end of Lok Sabha term) terminates all pending business except bills pending in Rajya Sabha and passed by Lok Sabha. Understanding these distinctions is crucial for procedure questions.
A bill becomes an Act only after it is passed by both Houses of Parliament and receives the assent of the President.
- True
- False
Answer: True
Article 111: Standard legislative process: (a) Introduction and passage in both Houses (with exceptions for Money Bills), (b) Presentation to President, (c) Presidential assent. President may assent, withhold assent, or return bill (except Money Bills) for reconsideration. This tripartite process ensures thorough scrutiny.