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Q.1. The Supreme Court has given advisory opinions in the following cases:
1. In re Kerala Education Bill case
2. In re Keshav Singh case
3. In re Delhi Laws Act case
The chronological order in which the above cases appeared is:
(a) 1, 3, 2 (b) 1, 2, 3
(c) 3, 1, 2 (d) 2, 1, 3
Q.2. Consider the following statements:
A member of the Union Public Service Commission______________________?
1. is appointed by the President of India
2. is ineligible for re-appointment to that office.
3. holds office for a period of 6 years or till the age of 60 years, whichever is earlier
Of the above Statements;
(a) 1. 2 and 3 are correct (b) 1 and 2 are correct
(c) 2 and 3 are correct (d) 1 and 3 are correct
Q.3. Parliament has the power to legislate with respect to the matter in the State list provided it is in the_____________________?
(a) National interest
(b) Interest in the State concerned
(c) Interest of the State concerned
(d) Interest of the minority
Q.4. Residuary powers are vested in the____________________?
(a) Executive (b) judiciary
(c) Parliament (d) state Legislatures
Q.5. In case of inconsistency between laws made by Parliament and the laws made by the State Legislatures, which one of the following shall prevail?
(a) The law made by Parliament before the law made by the legislature of the State
(b) The law made by Parliament after the law made by the legislature of the State
(c) The law made by Parliament before or after the law made by the legislature of the State
(d) The law made by the legislature of the State
Q.6. Which one of the following is the correct statement of the decision in D.C. Wadhwa vs. State of Bihar?
(a) President is entitled to promulgate ordinances during the recess of the Parliament
(b) Colourable re-promulgation of ordinances is unconstitutional
(c) Article 123 empowers of the President to issue successive ordinances
(d) Governor’s power of re-issuance of ordinances cannot be questioned in the Court of Law
Q.7. “What cannot be done directly cannot be done indirectly.” This statement epitomises the doctrine of____________?
(a) Pith and substance (b) Implied powers
(c) Ancillary powers (d) Colourable legislation
Q.8. The regional imbalances in resources and financial inequalities can be reduced by_________?
(a) Transferring Union List taxes to the State List (List-11) of the Seventh Schedule to the Constitution.
(b) Assignment of taxes levied collected by the Union to the States.
(c) Sharing of taxes on income and corporation tax between the Union and the States.
(d) Grants in aid of the revenues to the States
Q.9. A law made by Parliament having extra-territorial operation shall_____________?
(a) Not be deemed invalid
(b) Be deemed invalid
(c) Be deemed ultravires
(d) Be deemed unconstitutional
Q.10. Assertion (A): An imminent danger of war or external aggression is not enough for the proclamation of emergency.
Reason (R): The Proclamation of Emergency shall cease to operate at the expiration of one month unless approved by both the Houses of Parliament.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
ANSWERS WITH EXPLANATIONS
1. Correct Answer: C
Explanation- The chronological order of the cases in which the Supreme Court has given advisory opinions are given below:
Delhi Laws Act in 1951
Kerala Education Bill in 1958
Keshav Singh Case in 1965
Hence Option C is correct.
2. Correct Answer: A
Explanation- The member of the Union and the State Public Service Commission under Article 319 are debarred from re-appointment after the expiry of their term of office they are also ineligible for any other employment under the Central or State Government. This provision necessary in order to ensure impartiality. Hence Option A is correct.
3. Correct Answer: A
Explanation- According to Article 249, if the Rajya Sabha passed resolution supported by 2/3rd of the member present and voting that it is necessary for the national interest the parliament should make laws with respect to any matter enumerated in the State List Specified in the resolution shall be lawful for Parliament to make laws with the respect to the matter. Hence Option A is correct.
4. Correct Answer: C
Explanation- Article 248 vests the residuary powers in the Parliament, It says that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the State List. Hence Option C is correct.
5. Correct Answer: C
Explanation- Article 254 (1) says that if any provision of law made by the legislature of the State is repugnant to any provision made by Parliament which is competent to enact or to any provision of the existing law with respect to one of the matters enumerated in the concurrent list, then the law made by Parliament whether passed before or after the law made by the legislature of such State or; as the case may be, the existing law shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy be void. Hence Option C is correct.
6. Correct Answer: B
Explanation- The case of D.C. Wadhwa v, State of Bihar (1987) ISSC 378, the court pointed out that between 1981 the Bihar Governor promulgated 256 ordinances and all these were kept alive for periods ranging one to 14 years by re-promulgation from time to time, Out of these 256, 69 were re-promulgation several times with the prior permission of the President of India. The Court called it a “subversion of the democratic process” and ‘colourable exercise of powers” and held that this amounted to a fraud on the constitution and hence unconstitutional. Hence Option B is correct.
7. Correct Answer: D
Explanation- The doctrine of colourable legislation is based upon the maxim that” you cannot do indirectly what you cannot do directly.” A thing is colourable which in appearance only and not in reality, what it purports to be.
8. Correct Answer: D
Explanation- Article 275 empowers Parliament to make such grants, as it may deem essential, to the State which requires financial assistance. Hence Option D is correct.
9. Correct Answer: A
Explanation- According to clause (2) of Article 245, a law made by Parliament shall not be deemed to be invalid on the ground that it has an extra-territorial operation. i.e., takes effect outside the territory of India. Hence Option A is correct.
10. Correct Answer: D
Explanation- A is not correct but R is true because A proclamation of emergency can be made even before the actual occurrence of events contemplated in Article 352 have taken place if the President is satisfied that there is imminent danger of war or external aggression or armed rebellion. The imminent danger of war or external aggression or armed rebellion is enough for the proclamation of emergency. Hence Option D is correct.