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Constitutional Amendment Bills under Article 368 require special majority in Parliament. What does 'special majority' mean?
- Simple majority of members present and voting
- Majority of total membership and 2/3 of members present and voting
- Unanimous approval of both Houses
- Approval by half of State Legislatures
Answer: Majority of total membership and 2/3 of members present and voting
Article 368(2): Most Constitutional Amendments require: (a) majority of total membership of each House, AND (b) 2/3 majority of members present and voting. Some amendments (federal provisions) additionally require ratification by half of State Legislatures. This ensures broad consensus for constitutional changes.
Prorogation of a House terminates all pending notices and motions, whereas adjournment sine die does not affect pending business.
- True
- False
Answer: False
Adjournment (daily/short break) doesn't affect pending business. Prorogation (end of session) terminates pending notices but NOT bills or motions. Dissolution (end of Lok Sabha term) terminates all pending business except bills pending in Rajya Sabha and passed by Lok Sabha. Understanding these distinctions is crucial for procedure questions.
The Annual Financial Statement (Budget) is presented to Lok Sabha under Article ______, and demands for grants are voted by Lok Sabha only.
- 110
- 112
- 113
- 114
Answer: 112
Article 112: President causes Annual Financial Statement (Budget) to be laid before Parliament. Article 113: Demands for grants are voted by Lok Sabha only; Rajya Sabha can discuss but not vote. Article 114: Appropriation Bill authorizes expenditure from Consolidated Fund. This upholds 'no taxation without representation' principle.
Parliamentary privileges in India are derived from which source?
- Written Constitution only
- Conventions of British Parliament only
- Article 105 and laws made by Parliament
- Supreme Court judgments only
Answer: Article 105 and laws made by Parliament
Article 105: Powers, privileges, and immunities of Parliament and members are: (a) as defined by Parliament by law, or (b) until so defined, those of British House of Commons as on 26.01.1950. Privileges include freedom of speech in House, immunity from court proceedings for parliamentary acts, right to exclude strangers.
Which of the following statements about President's executive powers is CORRECT?
- President can appoint Governors without any consultation
- All executive actions of Government of India are expressed to be taken in President's name
- President can remove Supreme Court judges on advice of PM
- President can declare war without Parliamentary approval
Answer: All executive actions of Government of India are expressed to be taken in President's name
Article 77(1): All executive actions of Union government are expressed to be taken in President's name. However, Article 74(1) mandates these actions be based on Cabinet advice. President cannot appoint Governors arbitrarily (consultation with State CM is convention), cannot remove SC judges (requires Parliamentary impeachment), and war declaration needs Parliamentary support for funding and legitimacy.
The President can exercise 'Pocket Veto' by simply ______ a bill without taking any action, as there is no time limit for giving assent.
- returning
- approving
- withholding
- amending
Answer: withholding
Article 111: President has three veto types: (a) Absolute veto - withholding assent, (b) Suspensive veto - returning bill (except Money Bills), (c) Pocket veto - taking no action indefinitely. Pocket veto was used in 1986 for Indian Post Office (Amendment) Bill. This passive power checks hasty legislation.
The President of India has no discretionary powers and must always act on the aid and advice of the Council of Ministers.
- True
- False
Answer: False
While Article 74(1) mandates President to act on Cabinet advice, Supreme Court in Shamsher Singh (1974) and subsequent cases recognized limited situational discretion: (a) appointing PM in hung parliament, (b) dismissing ministry losing majority, (c) dissolving Lok Sabha if no alternative government possible. These are 'constitutional necessities', not personal whims.
The 91st Constitutional Amendment Act, 2003 limits the total number of Ministers, including PM, to ______ percent of the total strength of Lok Sabha.
- 10
- 15
- 20
- 25
Answer: 15
Article 75(1A), inserted by 91st Amendment (2003): Council strength cannot exceed 15% of Lok Sabha strength (minimum 12 for small states). Also, defectors cannot be appointed ministers until re-elected or term ends. These curb horse-trading and excessive ministerial berths.
Which type of Emergency can be proclaimed by the President only on written recommendation of the Cabinet?
- National Emergency
- State Emergency
- Financial Emergency
- All of the above
Answer: All of the above
44th Amendment (1978) made it mandatory for President to act on written Cabinet advice for all three Emergencies: National (Article 352), State/President's Rule (Article 356), and Financial (Article 360). This curbed potential misuse and reinforced collective responsibility.
Under Article 123, the President can promulgate ordinances when both Houses of Parliament are not in session, but such ordinances must be approved by Parliament within ______ weeks of its reassembly.
- 4
- 6
- 8
- 10
Answer: 6
Article 123: Presidential ordinances have same force as Acts of Parliament but must be laid before both Houses. They cease to operate at expiration of 6 weeks from reassembly of Parliament, or earlier if both Houses pass resolutions disapproving them. This balances executive urgency with legislative oversight.
In which case did the Supreme Court hold that Directive Principles and Fundamental Rights are complementary and supplementary to each other?
- Champakam Dorairajan case (1951)
- Kesavananda Bharati case (1973)
- Minerva Mills case (1980)
- Indira Sawhney case (1992)
Answer: Minerva Mills case (1980)
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of balance between Fundamental Rights (Part III) and Directive Principles (Part IV). Neither has primacy; they are complementary and supplementary, together forming the core of constitutional philosophy.
Which Article directs the State to minimise inequalities in income, status, facilities, and opportunities among individuals and groups?
- Article 38
- Article 39
- Article 40
- Article 41
Answer: Article 38
Article 38(2), added by the 44th Amendment (1978), directs the State to minimise inequalities in income, status, facilities, and opportunities not only among individuals but also among groups of people residing in different areas or engaged in different vocations. It strengthens the egalitarian vision of the Constitution.
In case of conflict between Fundamental Rights and Directive Principles, Fundamental Rights always prevail as per the original Constitution.
- True
- False
Answer: False
Originally, in State of Madras v. Champakam Dorairajan (1951), SC held FRs prevail over DPSP. However, the 25th Amendment (1971) inserted Article 31C giving precedence to DPSP under Articles 39(b) & (c) over Articles 14, 19 & 31. The 42nd Amendment expanded this, but Minerva Mills (1980) struck down the expansion, restoring balance. So, it's not absolute.
Which Article directs the State to secure participation of workers in management of industries?
- Article 43
- Article 43A
- Article 43B
- Article 44
Answer: Article 43A
Article 43A was inserted by the 42nd Amendment (1976) to secure participation of workers in management of industries, undertakings, or other organisations. This aims at industrial democracy and has been partially implemented through provisions in the Companies Act and labour laws.
Which Article of the Constitution deals with the indemnity for acts done under martial law?
- Article 32
- Article 33
- Article 34
- Article 35
Answer: Article 34
Article 34 empowers Parliament to indemnify any person (government servant or other) for acts done in connection with martial law to restore order in any area. It also validates sentences passed or acts done during martial law. This is a rare provision invoked only in extreme situations of rebellion or war.
Article 33 empowers ______ to restrict or abrogate Fundamental Rights of members of armed forces, police, and intelligence agencies.
- Supreme Court
- Parliament
- President
- Union Cabinet
Answer: Parliament
Article 33 allows Parliament to determine by law the extent to which Fundamental Rights may be restricted or abrogated for members of armed forces, paramilitary forces, police forces, and intelligence agencies to ensure proper discharge of duties and maintenance of discipline. This is a unique limitation on FRs.
During a National Emergency under Article 352, the enforcement of all Fundamental Rights can be suspended by Presidential order.
- True
- False
Answer: False
Article 359 allows suspension of enforcement of Fundamental Rights (except Articles 20 & 21) during National Emergency via Presidential order. The 44th Amendment (1978) made Articles 20 (protection in conviction) and 21 (life & personal liberty) non-suspendable even during Emergency. So, not 'all' rights can be suspended.
Article 30 gives minorities the right to establish and administer educational institutions of their choice, and the State cannot discriminate against them in granting aid.
- True
- False
Answer: True
Article 30(1) grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. Article 30(2) prohibits the State from discriminating against such institutions in granting aid. However, these institutions must maintain educational standards and can be regulated for academic excellence (T.M.A. Pai Foundation case, 2002).
Which Article empowers religious denominations to manage their own affairs in matters of religion?
- Article 25
- Article 26
- Article 27
- Article 28
Answer: Article 26
Article 26 grants religious denominations (or sections thereof) four rights: (a) establish and maintain institutions for religious/charitable purposes, (b) manage their own affairs in matters of religion, (c) own and acquire movable/immovable property, (d) administer such property according to law. Subject to public order, morality, and health.
The expanded interpretation of 'personal liberty' under Article 21 to include right to privacy was established by the Supreme Court in which case?
- Maneka Gandhi case (1978)
- K.S. Puttaswamy case (2017)
- Olga Tellis case (1985)
- Vishaka case (1997)
Answer: K.S. Puttaswamy case (2017)
In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a 9-judge bench unanimously held that right to privacy is a fundamental right under Article 21. While Maneka Gandhi (1978) expanded Article 21 to include due process, Puttaswamy specifically recognized privacy as intrinsic to life and liberty.