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Answer: True
Rameshwar Prasad case (2006): Facts and holding: (a) Bihar Assembly elections 2005 resulted in hung Assembly; Governor recommended President's Rule citing horse-trading based on media reports, without floor test, (b) SC held: (i) Governor's satisfaction must be based on objective material, not unverified media reports or political considerations, (ii) Floor test is primary method to test majority; Governor cannot pre-empt Assembly's right to test majority, (iii) Dissolution of Assembly is extreme step; revival possible if proclamation invalidated, (c) Impact: Reinforced SR Bommai principles; curbed arbitrary use of Article 356 for political ends, (d) Federal significance: Protected State autonomy against Centre overreach via gubernatorial discretion. Illustrates judicial protection of federal balance: objective standards for Emergency proclamation.
Answer: True
Judicial review of Emergency proclamations: (a) Traditional view: Presidential satisfaction subjective, non-justiciable, (b) Evolution: (i) SR Bommai (1994): President's Rule satisfaction subject to judicial review; courts can examine if based on objective material, if mala fide, if violates basic structure, (ii) Subsequent cases: National Emergency satisfaction also reviewable for constitutional compliance, (c) Scope of review: Courts don't substitute wisdom for executive; check for: (i) Relevant material, (ii) Constitutional standards, (iii) Procedural compliance, (iv) Basic structure violations, (d) Limits: Courts generally defer to executive on threat assessment but ensure constitutional boundaries respected. Illustrates calibrated judicial oversight: respecting executive domain while protecting constitutional supremacy and federal balance.
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.
Answer: True
National Emergency proclamations: (a) October 26, 1962: Chinese aggression; lifted January 10, 1968, (b) December 3, 1971: Indo-Pak war (Bangladesh liberation); lifted March 21, 1977, (c) June 25, 1975: 'Internal disturbance' (political crisis); lifted March 21, 1977, (d) 1975-77 Emergency: Most controversial; led to widespread rights violations, press censorship, forced sterilizations; prompted 44th Amendment (1978) strengthening safeguards, (e) Post-1978: No National Emergency proclaimed despite various crises (Kargil 1999, terrorism, pandemic), reflecting higher threshold ('armed rebellion') and democratic maturity. Illustrates constitutional evolution: learning from historical misuse to strengthen democratic safeguards.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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).