True/False – GK Questions

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 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.

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.

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: 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.

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.

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.

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).

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.

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.

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.

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.

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.

Article 100(1): Decisions by majority of members present and voting (excluding abstentions). Presiding officers (Speaker/Chairman) don't vote in first instance but exercise casting vote in tie (Article 100(2)). This maintains impartiality while ensuring decisions are reached.

Article 109: Money Bills can only be introduced in Lok Sabha with President's prior recommendation. Rajya Sabha can only make recommendations within 14 days; Lok Sabha may accept/reject them. If Rajya Sabha doesn't return bill in 14 days, it's deemed passed. This upholds Lok Sabha's financial supremacy.

Article 102(1)(a): Holding office of profit under Union or State government disqualifies Parliament membership, unless Parliament by law declares otherwise. This prevents conflict of interest between legislative and executive roles. Parliament (Prevention of Disqualification) Act, 1959 lists exempted offices.

Article 83(2): Lok Sabha term is 5 years unless dissolved earlier. During National Emergency (Article 352), Parliament can extend term by law for one year at a time, not exceeding 6 months after Emergency ceases. This balances democratic mandate with crisis management needs.

Article 78(b): It is duty of PM to furnish such information relating to administration of Union affairs and proposals for legislation as the President may call for. This ensures nominal executive (President) stays informed, though real executive (PM/Council) governs. Reinforces cooperative federalism within Union executive.

Constitution recognizes only two categories under Article 75: Cabinet Ministers and other Ministers (Ministers of State). 'Deputy Ministers' were abolished in 1952. Ministers of State may have independent charge or assist Cabinet Ministers. Only Cabinet Ministers attend Cabinet meetings, ensuring focused decision-making.

While Article 74(1) mandates President to act on Cabinet advice, Supreme Court in Shamsher Singh (1974) and subsequent cases recognized limited situational discretion: (a) appointing PM in hung parliament, (b) dismissing ministry losing majority, (c) dissolving Lok Sabha if no alternative government possible. These are 'constitutional necessities', not personal whims.