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Q.1. When the Chief Justice of India is appointed by the President he is required to consult__________?
(a) The Council of Minister and all Judges of the Supreme Court
(b) The Prime Ministers the Law Minister and the Attorney General of India
(c) Such of the Ministers of the Cabinet and the Prime Ministers, as he deems necessary
(d) Such of the Judge of the Supreme Court and High Court as he deems necessary
Q.2. The transfer of Judges from one High Court to another High Court may-be made by the_______________?
(a) President of India in consultation with the Chief -justice -of that High Court
(b) Chief justice of the concerned High Court
(c) Governor of the concerned State in Consultation with the Chief justice of India
(d) President of India after consultation with the Chief justice of India
Q.3. One receipt of a Constitution Amendment Bill, after passing by each House of Parliament, the President__________?
(a) Shall give his assent
(b) May give his assent
(c) May withhold his assent
(d) May return the Bill for reconsideration
Q.4.Article 361 of the Constitution of India guarantees the Privilege to the President of India that, he shall___________?
(a) Not participate in Parliamentary proceedings
(b) Only be answerable to the Chief Justice of India
(c) Address both the Houses of Parliament at the time of joint session
(d) Not be answerable to any court during the term of his office
Q.5. To adjudicate on any dispute relating to Inter-State rivers or Inter-State river valley, the_________?
(a) Supreme Court only is empowered under Article 131 of the Constitution
(b) High Court of concerned State enjoy concurrent jurisdiction
(c) President of India only has the power to decide
(d) Parliament is empowered to establish Tribunal and to that extent, the jurisdiction of the Supreme Court may be exclusive
Q.6. When the President of India is satisfied that the financial credit of the Government of India is threatened he may____________?
(a) Direct reduction in the number of members in the Finance Commission
(b) Proclaim financial emergency
(c) Impose President’s Rule in any State
(d) Direct Parliament to pass special Financial Bill.
Q.7. State Public Service Commission shall be consulted on___________?
(a) All matters relating to methods of recruitment to civil services and for civil posts
(b) All matters relating to methods of recruitment to civil services and for civil posts in the State only
(c) Disciplinary matters affecting a person in service under the State
(d) Matter relating to methods of recruitment to civil services and disciplinary matters affecting services under the State
Q.8. In relation to affiliation of educational institutions with a University, the Supreme Court has pointed out that_______________?
(a) Grant of affiliation is purely a discretionary power of the State
(b) Affiliation being a Fundamental Right cannot be denied
(c) If an institution fulfils the condition of affiliation, the same must be given and there cannot be any discrimination
(d) If the policy of the government does not permit affiliation
Q.9. Under Article 164 of the Constitution of India. Ministers in the States are appointed by the Governor and a non-legislature may also be appointed as Minister. The Supreme Court has held that____________?
(a) An individual who is a member of Legislature can be repeatedly appointed as Minister
(b) There beings no specific provision to the contrary there is no restriction on this power
(c) The provision being in the nature of a restriction, a non-legislator cannot be repeatedly appointed as Minister
(d) The provision is in the nature of the disqualification
Q.10. A law, which abridges Fundamental Rights. is not a nullity but remains inoperative till the shadow of Fundamental Rights falls over such rights. This is known as the doctrine of_______?
(a) pleasure
(b) pith and substance
(c) eclipse
(d) severability
Answers with Explanations
1.Correct Answer: D
Explanation- According to Article 124 clause [2] every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal slier consultation with such of the Judges of the Supreme Court and of the High Courts in the states as the President may deem necessary for the purpose. Hence Option D is correct.
2.Correct Answer: D
Explanation-Article 222 (I) empowers the President after consultation with the Chief Justice of India to transfer a judge from one High Court to any other High Court clause (2) makes provisions for the grant of compensatory allowance to a Judge who goes on transfer to another High Court. Hence Option D is correct.
3.Correct Answer: A
Explanation- According to Article 368 clause 121 when Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting [it shall he presented to the President who shall give his assent to the Bill The phrase it shall be presented to the President “substituted by the Constitution (Twenty-fourth Amendment) Act, 1971, Sec. 3 for “it shall be presented to the President for his assent and upon such assent being given to the bill Hence Option A is correct.
4.Correct Answer: D
Explanation- Article 361 provides the protection of President and Governors and Rajpramukhs. Clause (1) of the said Article lays down that the President or the Governor of a State shall not be answerable to any court for the exercise and performance. of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. But the conduct of the President may be brought under review by any court tribunal or body appointed or designated by either. House of Parliament for the investigation of a charge under Article 61. Hence Option D is correct.
5.Correct Answer: D
Explanation- Article 262 Clause [1] provides adjudication of disputes relating to waters of Inter-State rivers or river valleys that Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of or in, any Inter-State river or river valley.
Clause (2) of Article 262 says that notwithstanding anything in this Constitution, Parliament may by law provides that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause [I]. The Inter-State Water Disputes Act, 1956 is legislation passed under Article 262 of the Constitution Sec. 11 of the Act excludes the jurisdiction of the Supreme Court in respect of a water dispute referred to the Tribunal. But the Supreme Court can direct the Central Government to fulfil its statutory obligation under Sec. 4 of the Act, which is mandatory, Tamil Nadu EN.V.V.N. U.P. Sangam V. Union of India, [AIR, 1990 SC 1316]. Hence Option D is correct.
6.Correct Answer: B
Explanation- Article 360 clause [I] provides that if the President is satisfied that a situation has arisen whereby financial stability or credit of India or of any part of the territory thereof is threatened, he may by a proclamation make a direction to that effect. Thus, when the President of India is satisfied that the financial credit of the Government of India is threatened he may proclaim a financial emergency. Hence Option B is correct.
7.Correct Answer: D
Explanation- According to Article 320 (c) the State Commission shall be consulted on all disciplinary matters affecting a person serving under the Government of a State in a civil capacity, including memorials or petitions relating to such matters. Hence Option D is correct.
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8.Correct Answer: A
Explanation- The Court in St. Xaviers College v. State of Gujrat AIR, 1974 SC; 1389, the Court held that there was no fundamental right of the minority to affiliation to a university, But to deny affiliation or recognitions to Minority institutions except upon certain terms and conditions amount to the surrender of their right to administer educational institutions of their choice would in effect deprive them of their right under Article 30 (I). Hence option A is correct.
9.Correct Answer: C
Explanation- According to Article 164 (4) a minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of the period cease to be a Minister. Hence Option C is correct.
10.Correct Answer: C
Explanation- The Doctrine of eclipse is based on the principle that a law which violates Fundamental Rights is not nullity or void abinitio but becomes only unenforceable„ i.e., remains in a moribund condition. “It is overshadowed by the Fundamental Rights and remains dormant: but it is not dead. Such laws are not wiped out entirely from the statute book.
Doctrine of Severability: When some provisions of the law are held to be unconstitutional, then only the repugnant provisions of the law in question shall be treated by courts as void and not the whole statute. Doctrine of Pleasure Article 310 of the Indian Constitution incorporates the common law doctrine of pleasure. It expressly provides that all persons who are members of the Defence Services or the Civil Services of the Union or of All India Services hold office during the pleasure of President. Pith and Substance: Within their respective spheres the union and the state legislatures are made supreme and they should not encroach into the sphere reserved to the other. If a law passed by one encroaches upon the field assigned to the other court will apply the doctrine of pith and substance to determine whether the legislature concerned was competent to make it: It the ‘pith and substance’ of law i.e., the true object of the legislation or a statute, relates to a matter with the competence of Legislature. Hence Option C is correct.