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In SR Bommai case (1994), the Supreme Court held that ______ is part of the basic structure of the Constitution, and a State government acting against secularism can justify imposition of President's Rule under Article 356.
- Federalism
- Secularism
- Socialism
- Democracy
Answer: Secularism
Secularism as basic structure and Emergency justification: (a) SR Bommai holding: Secularism part of basic structure; State government acting against secularism (e.g., promoting religious discrimination, violating constitutional secularism) can justify President's Rule under Article 356, (b) Rationale: (i) Secularism essential to constitutional identity (Preamble, Articles 25-28), (ii) State government violating secularism undermines constitutional machinery, (iii) Union duty to preserve constitutional order, (c) Limits: (i) Violation must be substantial, not minor policy differences, (ii) Floor test still primary method to test majority; secularism violation additional ground, (iii) Judicial review ensures objective assessment, not political misuse, (d) Impact: Curbed arbitrary use of Article 356 for political/ideological reasons; strengthened constitutional secularism. Illustrates basic structure doctrine application: core constitutional values protect federal balance and democratic identity.
In SR Bommai case (1994), the Supreme Court held that the primary method to test whether a State government enjoys majority support in the Assembly is through a ______ on the floor of the House, not through the Governor's subjective assessment.
- referendum
- floor test
- opinion poll
- judicial inquiry
Answer: floor test
Floor test as constitutional standard: (a) SR Bommai holding: Floor test (vote of confidence/no-confidence on Assembly floor) is primary method to determine whether Ministry enjoys majority, (b) Rationale: (i) Democratic principle: Elected representatives decide government fate, not appointed Governor, (ii) Transparency: Public voting record vs. private gubernatorial assessment, (iii) Accountability: Ministry accountable to Assembly, not Governor, (c) Procedure: (i) Governor may recommend President's Rule only if floor test not feasible (e.g., violence, impossibility of convening House), (ii) If floor test possible, must be conducted before recommending President's Rule, (iii) Court can direct floor test if Governor's report questionable, (d) Impact: Curbed arbitrary use of Article 356; strengthened Assembly's role in government formation/removal. Illustrates democratic federalism: elected legislatures as primary arbiter of State executive legitimacy.
During President's Rule under Article 356, the executive functions of the State government are exercised by the Governor on behalf of the ______.
- Prime Minister
- President
- Chief Justice
- Parliament
Answer: President
State executive during President's Rule: (a) Article 356(1)(a): President may assume to himself all or any functions of State government, (b) Practical implementation: Governor exercises State executive functions on behalf of President, advised by Union Council of Ministers (Article 74), (c) Limits: (i) Governor cannot assume State Legislature powers; those exercisable by Parliament, (ii) Executive actions subject to judicial review for constitutional compliance, (iii) Temporary measure; State government restored post-Emergency, (d) Rationale: Ensure administrative continuity during constitutional breakdown while preserving federal structure for restoration, (e) SR Bommai safeguard: Governor's actions must be based on objective material; courts can invalidate if mala fide or unconstitutional. Illustrates federal balance: temporary Union administration with clear path to State democratic restoration.
President's Rule under Article 356 can remain in force for a maximum period of ______ years, subject to Parliamentary approval every six months.
- 1
- 2
- 3
- 5
Answer: 3
President's Rule duration safeguards: (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 (44th Amendment, 1978), (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; post-1994, duration more strictly monitored. Illustrates federal safeguards: temporary Union intervention for genuine breakdown, not political convenience.
The 44th Constitutional Amendment Act, 1978 strengthened Emergency safeguards after the experience of the ______ Emergency (1975-77), which saw widespread rights violations and political misuse.
- 1962
- 1971
- 1975
- 1984
Answer: 1975
1975-77 Emergency lessons and reforms: (a) Context: Political crisis, Allahabad HC verdict against PM Indira Gandhi; Emergency proclaimed on 'internal disturbance' ground, (b) Misuses: (i) Widespread arrests without trial, (ii) Press censorship, (iii) Forced sterilizations, (iv) Suspension of judicial review (ADM Jabalpur case), (c) 44th Amendment reforms (1978): (i) 'Armed rebellion' replaces 'internal disturbance' (higher threshold), (ii) Written Cabinet advice mandatory, (iii) Parliamentary approval within 1 month by special majority, (iv) Articles 20-21 non-suspendable, (v) Lok Sabha can revoke by simple majority, (d) Impact: Raised threshold for Emergency; strengthened democratic safeguards; no National Emergency proclaimed since despite various crises. Illustrates constitutional learning: democratic resilience through institutional reform after crisis.
A Proclamation of National Emergency under Article 352 is issued by the President based on written advice of the ______, and must be laid before each House of Parliament.
- Prime Minister alone
- Cabinet
- National Security Advisor
- Chief Justice
Answer: Cabinet
Emergency proclamation procedure: (a) Article 352(3): President can proclaim Emergency only after receiving written recommendation of Cabinet (not just PM), (b) Rationale: Ensure collective responsibility; prevent unilateral executive action, (c) Parliamentary process: Proclamation laid before each House; must be approved within 1 month by special majority, (d) Transparency: Written advice creates record for judicial review, historical accountability, (e) Historical context: During 1975 Emergency, proclamation based on PM's advice alone; 44th Amendment mandated Cabinet advice to prevent recurrence. Illustrates democratic safeguards: Emergency powers exercised through collective executive decision, subject to legislative and judicial oversight.
Under Article 354, during National Emergency, the President may by order modify the distribution of revenues between Union and States as provided in Chapter I of Part XII, subject to approval by ______.
- Supreme Court
- Parliament
- Finance Commission
- State Legislatures
Answer: Parliament
Emergency financial federalism: (a) Article 354: During National Emergency, President may modify financial distribution between Union and States (tax devolution, grants-in-aid) as provided in Part XII Chapter I, (b) Procedure: Presidential order subject to approval by Parliament (simple majority), (c) Rationale: Enable flexible resource allocation during crisis (e.g., defense spending, disaster relief) while maintaining legislative oversight, (d) Limits: (i) Modifications temporary; revert to normal distribution post-Emergency, (ii) Cannot violate basic structure (federal balance), (iii) Subject to judicial review for constitutional compliance, (e) Historical note: Used during 1962, 1971 Emergencies for defense financing; not invoked during 1975 Emergency for political purposes. Illustrates fiscal federalism adaptability: crisis-responsive resource allocation within democratic safeguards.
During President's Rule under Article 356, the State Legislative Assembly may be suspended or dissolved; if suspended, it can be revived if the Proclamation is revoked, but if dissolved, fresh ______ must be held to constitute new Assembly.
- referendum
- elections
- appointments
- nominations
Answer: elections
State Legislature during President's Rule: (a) Article 356(1)(a): President may declare that State Legislature powers shall be exercisable by Parliament, (b) Assembly status options: (i) Suspended: Not dissolved; can be revived if Proclamation revoked (SR Bommai principle), (ii) Dissolved: Ceases to exist; fresh elections required to constitute new Assembly, (c) SR Bommai safeguard: Dissolution not automatic; Governor/President must justify based on objective material; courts can revive Assembly if Proclamation invalidated, (d) Rationale: Balance between administrative necessity (dissolution if no viable government possible) and democratic restoration (suspension allows revival if crisis resolved), (e) Practice: Post-SR Bommai, dissolution less frequent; courts emphasize floor test over gubernatorial assessment. Illustrates federal-democratic balance: temporary Union intervention with clear path to State democratic restoration.
Under Article 352(7), if Lok Sabha passes a resolution disapproving continuation of National Emergency by ______ majority, the President must revoke the Proclamation.
- simple
- two-thirds
- three-fourths
- absolute
Answer: simple
Emergency revocation safeguards (44th Amendment, 1978): (a) Article 352(7): If Lok Sabha passes resolution disapproving Emergency by simple majority, President must revoke Proclamation, (b) Additional safeguard: If 1/10th of Lok Sabha members give written notice to Speaker, special sitting must be held within 14 days to consider revocation resolution, (c) Rationale: Empowers legislature to check executive Emergency power; ensures periodic democratic review, (d) Historical context: During 1975-77 Emergency, Lok Sabha term extended, opposition jailed; 44th Amendment strengthened legislative checks to prevent recurrence, (e) Balance: Executive can proclaim Emergency for crisis response; legislature can revoke if threat abates or misuse suspected. Illustrates democratic safeguards: Emergency powers subject to continuous legislative oversight.
Article 358 automatically suspends Article 19 freedoms during National Emergency on grounds of war or external aggression, but Article ______ requires a separate Presidential order to suspend enforcement of other Fundamental Rights.
- 356
- 359
- 360
- 361
Answer: 359
FR suspension mechanisms: (a) Article 358: Automatic suspension of Article 19 freedoms (speech, assembly, etc.) only when Emergency proclaimed on war/external aggression grounds (not armed rebellion); suspension lasts for Emergency duration; laws made during suspension remain valid even after Article 19 revival, (b) Article 359: Requires separate Presidential order to suspend enforcement of specified FRs (except Articles 20-21 after 44th Amendment); order must specify rights and territory; subject to Parliamentary approval, (c) Distinction: Article 358 is automatic and limited to Article 19; Article 359 is discretionary and can cover multiple FRs, (d) Safeguards: 44th Amendment made Articles 20-21 non-suspendable under Article 359. Illustrates nuanced rights balancing: some freedoms automatically restricted during existential threats; core rights always protected.
Under Article 356, President's Rule can be imposed in a State if the President is satisfied, on receipt of report from the ______ or otherwise, that the State government cannot be carried on in accordance with the Constitution.
- Chief Minister
- Governor
- Chief Justice
- Speaker
Answer: Governor
Article 356 procedure: (a) Trigger: President satisfied (on Governor's report or otherwise) that State government cannot function per Constitution, (b) 'Or otherwise': Allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use, (c) Proclamation effects: (i) State executive functions assumed by President (exercised by Governor), (ii) State Legislature powers exercisable by Parliament, (iii) State Assembly may be suspended or dissolved, (d) Safeguards: Parliamentary approval within 2 months, maximum duration 3 years, judicial review (SR Bommai). Illustrates federal balance: Union power to address genuine constitutional breakdown while protecting State autonomy against political misuse.
During a National Emergency under Article 352, Parliament can legislate on subjects in the State List under Article ______, and such laws cease to operate 6 months after the Emergency ends.
- 249
- 250
- 252
- 253
Answer: 250
Emergency federalism transformation: (a) Article 250: During National Emergency, Parliament gains power to legislate on any State List subject; laws made cease to operate 6 months after Emergency ends (except things done/omitted before expiry), (b) Article 353(b): Union executive can give directions to States on 'manner of exercise' of executive power, (c) Article 354: President can modify financial distribution between Union and States during Emergency, (d) Rationale: Ensure coordinated national response to existential threats (war, external aggression, armed rebellion), (e) Safeguards: Temporary nature, Parliamentary approval, judicial review, restoration of federal normalcy post-Emergency. Illustrates Indian federalism's flexibility: unitary features for crisis management within constitutional framework.
Under Article 136, the Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in India, except ______.
- High Courts
- Subordinate courts
- Courts-martial
- Administrative tribunals
Answer: Courts-martial
Article 136: SC may grant special leave to appeal from any court/tribunal in India, EXCEPT courts-martial. This discretionary appellate power is residuary and plenary, enabling SC to correct grave injustices or settle important legal questions. Most SLPs are dismissed at threshold; only meritorious cases admitted.
Under Article 141, the law declared by the Supreme Court is binding on all courts within the territory of ______.
- the State
- India
- the Union
- the High Court jurisdiction
Answer: India
Article 141: Law declared by SC is binding on all courts in India. Establishes doctrine of precedent (stare decisis): lower courts must follow SC rulings. Ensures uniformity, predictability, and consistency in legal interpretation across country. HC decisions binding only within their territorial jurisdiction.
Under Article 137, the Supreme Court has power to review any judgment pronounced or order made by it, subject to provisions of law and rules made under Article ______.
- 142
- 145
- 146
- 147
Answer: 145
Article 137: SC may review its own judgments/orders to correct errors apparent on record. Review petitions must be filed within 30 days. Article 145 empowers SC to make rules for regulating practice/procedure, including review procedure. Review is not appeal; only for glaring errors, not re-argument of case.
When office of Chief Justice of High Court is vacant, the President may appoint a Judge of that High Court as acting Chief Justice under Article ______.
- 223
- 224
- 224A
- 225
Answer: 223
Article 223: President may appoint senior-most HC Judge as acting CJ when office is vacant or CJ is absent/unable to perform duties. Ensures continuity in HC administration. Similar provision for additional Judges under Article 224 to handle temporary workload increases.
Judges of High Court are appointed by the President after consultation with the Chief Justice of India, the Governor of the State, and the ______ of the High Court.
- Senior-most Judge
- Chief Justice
- Administrative Judge
- Registrar
Answer: Chief Justice
Article 217: HC Judges appointed by President after consultation with: (a) CJI, (b) Governor of State, (c) CJ of that HC (except for appointment of CJ). Collegium system applies: CJI-led collegium recommends names. Ensures judicial independence while incorporating executive input through consultation.
Under Article 32, the Supreme Court can issue writs for enforcement of Fundamental Rights. This right itself is a ______ Right.
- Legal
- Constitutional
- Fundamental
- Natural
Answer: Fundamental
Article 32(1): Right to move SC for enforcement of Fundamental Rights is itself a Fundamental Right. Dr. Ambedkar called Article 32 the 'heart and soul' of Constitution. SC can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. Makes FRs enforceable, not merely declaratory.
The Supreme Court has original jurisdiction in disputes between the Government of India and one or more States, or between States themselves, under Article ______.
- 131
- 132
- 133
- 134
Answer: 131
Article 131: SC has exclusive original jurisdiction in federal disputes: (a) Union vs one/more States, (b) Union+State(s) vs State(s), (c) State vs State. Excludes disputes arising from pre-Constitution treaties/agreements. Ensures apex court resolves inter-governmental conflicts impartially, preserving federal balance.
To be appointed as Judge of Supreme Court, a person must be a citizen of India and must have been a Judge of High Court for at least ______ years, or an advocate of High Court for at least 10 years.
- 3
- 5
- 7
- 10
Answer: 5
Article 124(3): Qualifications for SC Judge: (a) citizen of India, and (b) either: Judge of HC for 5+ years, OR advocate of HC for 10+ years, OR distinguished jurist in President's opinion. These criteria ensure appointees have substantial legal experience and expertise for apex court responsibilities.