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During a National Emergency under Article 352, the federal structure of the Constitution automatically converts into a unitary one without any formal amendment.
- True
- False
Answer: True
Article 353(b): During National Emergency, Union executive power extends to giving directions to any State on 'manner of exercise' of its executive power. Article 250: Parliament can legislate on State List. Combined effect: State autonomy temporarily suspended; Centre assumes unitary control. Restored post-Emergency. Designed for crisis management, not permanent centralization.
Under Article 262, Parliament has enacted the Inter-State Water Disputes Act, 1956, which establishes tribunals whose awards have the same force as an order of the ______.
- High Court
- Supreme Court
- President
- Finance Commission
Answer: Supreme Court
Article 262(2): Parliament may exclude jurisdiction of Supreme Court/other courts over inter-State water disputes. Inter-State Water Disputes Act, 1956: Tribunals' awards have same force as Supreme Court orders; binding on parties. 2019 amendment makes awards final and binding, with implementation monitoring mechanism. Balances judicial finality with specialized expertise.
The Governor acts solely as the constitutional head of the State and has no role as an agent of the Union Government.
- True
- False
Answer: False
Governor has dual role: (a) Constitutional head of State executive (Article 153-167), (b) Agent of Union for reporting State affairs to President (Article 356). This duality can create tension: Sarkaria Commission recommended Governors act impartially, not as Union agents; appointed after consulting State CM; not removed arbitrarily. Balances federal autonomy with Union oversight.
Under Article 279A, decisions of the GST Council are taken by a majority of not less than 3/4th of weighted votes, where the Union has ______ of total votes and States collectively have ______.
- 1/2, 1/2
- 1/3, 2/3
- 1/4, 3/4
- 2/3, 1/3
Answer: 1/3, 2/3
Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: (a) Union Government: 1/3 vote weight, (b) All State Governments collectively: 2/3 vote weight. Ensures neither Union nor States can dominate; requires consensus on GST rates, exemptions, thresholds. Exemplifies cooperative fiscal federalism in practice.
Under Article 252, if two or more State Legislatures pass resolutions requesting Parliament to legislate on a State List subject, Parliament can make law applicable to those States, and other States may adopt it later by passing ______.
- Presidential order
- Governor's notification
- State Legislature resolution
- Supreme Court direction
Answer: State Legislature resolution
Article 252: Cooperative federalism mechanism: (a) Two+ States pass resolutions requesting Parliament to legislate on State List subject, (b) Parliament enacts law applicable to consenting States, (c) Other States may adopt law later by passing State Legislature resolution. Enables uniform legislation on subjects like water disputes, environmental protection while respecting State autonomy.
Under Article 249, Rajya Sabha can enable Parliament to legislate on a State List subject by passing a resolution with simple majority.
- True
- False
Answer: False
Article 249: Rajya Sabha can pass resolution by SPECIAL majority (2/3 of members present and voting) declaring it expedient in national interest that Parliament should legislate on State List subject. Resolution valid for 1 year, renewable. Enables Union legislation on State subjects without Emergency, respecting federal flexibility while ensuring national interest.
Which statement best describes the role of writ jurisdiction in Indian constitutionalism?
- Writs are extraordinary remedies available only in criminal cases
- Writs are procedural technicalities with limited substantive impact
- Writs are powerful tools for enforcing rights, checking executive excess, and ensuring constitutional governance
- Writs can only be issued by Supreme Court, not High Courts
Answer: Writs are powerful tools for enforcing rights, checking executive excess, and ensuring constitutional governance
Writ jurisdiction (Articles 32, 226) is cornerstone of Indian constitutionalism: (a) Enforces Fundamental Rights and legal rights, (b) Checks executive/judicial excesses through judicial review, (c) Ensures accountability via Mandamus, Certiorari, etc., (d) Adapts to new challenges through PIL, continuing mandamus. Empowers courts as guardians of Constitution and protectors of citizens' rights against State power.
The Supreme Court can issue advisory opinions under Article 143 in response to Presidential reference, and such opinions have the same binding force as writ judgments under Article 32.
- True
- False
Answer: False
Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, advisory opinion is NOT binding on President or government; it's consultative. Writ judgments under Article 32 are binding and enforceable. Advisory jurisdiction complements but does not replace writ jurisdiction; serves different constitutional purposes.
Violation of which principle of natural justice can be a ground for issuing Certiorari?
- Audi alteram partem only
- Nemo judex in causa sua only
- Both audi alteram partem and nemo judex in causa sua
- Neither; natural justice not relevant for writs
Answer: Both audi alteram partem and nemo judex in causa sua
Natural justice principles: (a) Audi alteram partem (hear the other side: right to notice, hearing, cross-examination), (b) Nemo judex in causa sua (no one should be judge in own cause: rule against bias). Violation of either can be ground for Certiorari to quash order of judicial/quasi-judicial body. Ensures fair procedure in administrative/judicial decisions.
The Supreme Court has evolved the concept of 'continuing mandamus' to monitor implementation of its directions in public interest cases over time.
- True
- False
Answer: True
Continuing mandamus: SC/HC keeps writ petition pending and issues periodic directions to executive agencies to ensure compliance with court orders in PIL cases (e.g., environmental protection, police reforms, prison conditions). Enables judicial monitoring of executive action without usurping executive function. Innovative tool for effective rights enforcement.
For Quo Warranto to lie, the office in question must be:
- Created by private contract
- Substantive and public in character
- Temporary or honorary
- Within private organization
Answer: Substantive and public in character
Quo Warranto conditions: (a) Office must be substantive (not mere employment/function), (b) Created by Constitution/statute, (c) Public in character (governmental function), (d) Person must assert claim to office, (e) Claim must be without legal authority. Not issued for: (a) Private offices, (b) Offices held at pleasure, (c) Mere declarations of right.
The principle of res judicata applies to writ petitions under Article 32, barring re-litigation of same issue between same parties.
- True
- False
Answer: True
Supreme Court has held (Daryao case, 1961): Res judicata applies to Article 32 petitions. If HC has decided writ petition on merits under Article 226, same petition cannot be filed in SC under Article 32 on same grounds. Exceptions: (a) Fresh grounds, (b) Change in law, (c) Continuing wrong. Balances finality of litigation with access to justice.
Habeas Corpus cannot be issued in which of the following situations?
- Detention by private individual
- Detention under preventive detention law with procedural compliance
- Detention by foreign government
- Detention of minor by parent
Answer: Detention under preventive detention law with procedural compliance
Habeas Corpus not issued if: (a) Detention is lawful (e.g., valid conviction, preventive detention with procedural safeguards under Article 22), (b) Proceeding is for contempt of court/legislature, (c) Detention by competent court. However, if preventive detention violates procedural safeguards (e.g., no communication of grounds, no advisory board), HC/SC can issue Habeas Corpus.
Mandamus cannot be issued to compel performance of which type of duty?
- Statutory duty
- Ministerial duty
- Discretionary duty
- Public duty
Answer: Discretionary duty
Mandamus compels performance of: (a) Statutory duty (imposed by law), (b) Ministerial duty (no discretion), (c) Public duty. Cannot compel: (a) Discretionary duty (court cannot dictate how discretion exercised, only that it be exercised fairly), (b) Private contracts, (c) Internal legislative proceedings. Respects separation of powers while ensuring accountability.
The writ of Certiorari can be issued on grounds of error of law ______, jurisdictional error, or violation of principles of natural justice.
- of fact
- apparent on the face of record
- of procedure
- of evidence
Answer: apparent on the face of record
Certiorari grounds: (a) Lack/excess of jurisdiction, (b) Error of law apparent on face of record (not re-appreciation of evidence), (c) Violation of natural justice (audi alteram partem, nemo judex in causa sua), (d) Fraud/collusion. Issued by higher court to quash order of lower court/tribunal. Ensures judicial/quasi-judicial bodies act within legal bounds.
The Supreme Court may refuse to issue a writ under Article 32 if:
- The petitioner is not a citizen
- An adequate alternative remedy is available
- The violation is of a Directive Principle
- The respondent is a State Government
Answer: An adequate alternative remedy is available
Though Article 32 is a Fundamental Right, SC exercises discretion: may refuse writ if (a) adequate alternative remedy exists (e.g., statutory appeal), (b) petition is frivolous/mala fide, (c) suppression of facts, (d) delay/laches. However, for grave FR violations or where alternative remedy is illusory, SC entertains petition. Balances access to justice with judicial economy.
Under Article 359, the President may suspend the right to move any court for enforcement of Fundamental Rights during National Emergency, except for rights under Articles ______.
- 14 and 19
- 19 and 21
- 20 and 21
- 21 and 32
Answer: 20 and 21
Article 359(1A), inserted by 44th Amendment (1978): Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction: no ex post facto law, no double jeopardy, no self-incrimination) and 21 (life and personal liberty). These core rights remain enforceable even during Emergency, protecting citizens from executive excesses.
Under traditional rule, only the person whose Fundamental Right is violated can file a writ petition under Article 32.
- True
- False
Answer: False
Traditional rule required personal injury (locus standi). However, Supreme Court relaxed this through Public Interest Litigation (PIL) in S.P. Gupta case (1981): Any public-spirited person can file petition for enforcement of rights of disadvantaged groups who cannot approach court themselves. Democratized access to justice while preventing frivolous litigation through judicial safeguards.
The writ of Prohibition is issued after a lower court has passed an order, while Certiorari is issued before the order to prevent excess of jurisdiction.
- True
- False
Answer: False
Key distinction: (a) Prohibition is PREVENTIVE - issued while proceedings are pending, before order, to prevent lower court/tribunal from exceeding jurisdiction, (b) Certiorari is CURATIVE - issued after order is passed, to quash order made without/ excess of jurisdiction. Both available under Articles 32 & 226 against judicial/quasi-judicial bodies.
Which statement best captures the relationship between constitutional amendments and the basic structure doctrine in India?
- Parliament can amend any provision including basic structure
- Basic structure is fixed and no amendments are permitted
- Parliament can amend any provision but cannot destroy or alter the basic structure
- Only Supreme Court can initiate constitutional amendments
Answer: Parliament can amend any provision but cannot destroy or alter the basic structure
Indian constitutional amendment framework: (a) Parliament has wide power to amend Constitution under Article 368 (including Fundamental Rights), (b) But Kesavananda Bharati (1973) limits this power: cannot alter basic structure, (c) Supreme Court is final arbiter of what constitutes basic structure, (d) Balance enables constitutional evolution while protecting core democratic values. Unique model blending flexibility with permanence.