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Every State in India must have a separate High Court.
- True
- False
Answer: False
Article 214: There shall be HC for each State, BUT Parliament may establish common HC for two or more States/UTs. Examples: Bombay HC (Maharashtra, Goa, Dadra & Nagar Haveli, Daman & Diu); Gauhati HC (Assam, Nagaland, Mizoram, Arunachal Pradesh); Punjab & Haryana HC. Enables judicial efficiency for smaller States.
The power of judicial review exercised by Supreme Court is derived from which provisions?
- Article 13 only
- Articles 32 and 136 only
- Articles 13, 32, 131-136, 226, 246
- Not explicitly mentioned but inherent in Constitution
Answer: Not explicitly mentioned but inherent in Constitution
Judicial review is not explicitly mentioned but is inherent power derived from: (a) Article 13 (laws inconsistent with FRs void), (b) Article 32/226 (writ jurisdiction), (c) Article 131-136 (SC jurisdiction), (d) basic structure doctrine (Kesavananda Bharati, 1973). Enables courts to examine constitutionality of laws/executive actions.
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.
Under Article 143, the President may seek Supreme Court's opinion on any question of law or fact of public importance, and the Court's opinion is binding on the President.
- True
- False
Answer: False
Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, SC's opinion is NOT binding on President; it's advisory only. SC may decline to answer if question is political or speculative. Used in landmark references: Ayodhya (1993), 2G spectrum (2012), NJAC (2015).
Which type of cases can be appealed to Supreme Court as of right (without certificate from High Court)?
- Civil cases involving substantial question of law
- Criminal cases where HC reversed acquittal and sentenced to death
- Cases certified by HC as fit for appeal
- All of the above
Answer: Criminal cases where HC reversed acquittal and sentenced to death
Article 134(1): Appeal to SC as of right in criminal cases if: (a) HC reversed acquittal and sentenced to death, OR (b) HC withdrew case from subordinate court and sentenced to death, OR (c) HC certifies case fit for appeal. Civil appeals require HC certification of substantial question of law (Article 133).
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.
A Judge of Supreme Court can be removed by the President on grounds of proved misbehaviour or incapacity, after Parliament passes an address by majority of total membership and 2/3 of members present and voting.
- True
- False
Answer: True
Article 124(4): SC Judges can be removed only by Presidential order after Parliament passes address by: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. Grounds: proved misbehaviour or incapacity. Judges (Inquiry) Act, 1968 outlines procedure. Only one removal motion initiated (Justice Ramaswami, 1993) but failed.
A Judge of the Supreme Court retires upon attaining the age of ______ years.
- 58
- 60
- 62
- 65
Answer: 65
Article 124(2): SC Judges retire at 65 years; HC Judges at 62 years (Article 217). Judges can resign by writing to President. This age differentiation recognizes SC's greater workload and complexity, while ensuring regular infusion of fresh judicial talent at both levels.
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.
Judges of the Supreme Court are appointed by the President after consultation with such Judges of Supreme Court and High Courts as the President may deem necessary.
- True
- False
Answer: True
Article 124(2): SC Judges appointed by President after consultation with CJI and other SC/HC Judges as deemed necessary. Collegium system (evolved through Judges Cases: 1981, 1993, 1998) now governs appointments: CJI-led collegium recommends names, President normally appoints. Ensures judicial independence.
The Supreme Court of India consists of the Chief Justice of India and such number of other Judges as may be prescribed by ______.
- President
- Parliament
- Chief Justice
- Union Cabinet
Answer: Parliament
Article 124(1): SC consists of CJI and other Judges as Parliament may prescribe by law. Currently, SC strength is 34 Judges (including CJI) as per Supreme Court (Number of Judges) Amendment Act, 2019. Parliament can increase strength based on workload, ensuring judicial capacity matches caseload.
Which statement about State Executive is CORRECT?
- Governor can dismiss Chief Minister without any reason
- Council of Ministers aids and advises Governor in all matters
- Chief Minister has no role in appointment of Advocate General
- Governor's ordinances cannot be challenged in courts
Answer: Council of Ministers aids and advises Governor in all matters
Article 163(1): Council of Ministers with CM at head aids and advises Governor in exercise of functions, except where Governor is required to act in discretion. Supreme Court in Shamsher Singh (1974) affirmed that Governor generally acts on Cabinet advice. Other options are incorrect: Governor cannot arbitrarily dismiss CM; CM advises on AG appointment; Governor's ordinances are subject to judicial review.
Article 167 requires the Chief Minister to communicate to the Governor all decisions of the Council of Ministers relating to administration of State affairs and proposals for ______.
- judicial appointments
- legislation
- international treaties
- financial audits
Answer: legislation
Article 167(a-b): CM shall communicate to Governor all Council decisions on State administration and legislative proposals; furnish information called by Governor. Ensures Governor (nominal executive) stays informed while CM/Council (real executive) governs. Reinforces cooperative executive functioning at State level.
If Governor reserves a Bill for President's consideration, the President can direct Governor to return the Bill to State Legislature for reconsideration.
- True
- False
Answer: True
Article 201: When Governor reserves Bill for President, President may: (a) assent, (b) withhold assent, or (c) direct Governor to return Bill to State Legislature (if not Money Bill) for reconsideration. If Legislature repasses Bill, Governor must present it again to President, who is not bound to assent.
Under Article 176, the Governor addresses the Legislative Assembly at the commencement of the first session after each general election and at the commencement of the first session of each ______.
- month
- quarter
- year
- budget cycle
Answer: year
Article 176: Governor addresses State Legislature at: (a) first session after general election, (b) first session of each year. Address outlines government policies, legislative agenda, and State's condition. Similar to President's address to Parliament under Article 87, reinforcing ceremonial head's role.
The Chief Minister holds office during the pleasure of the ______, which effectively means as long as they command majority in Legislative Assembly.
- President
- Governor
- Prime Minister
- Speaker
Answer: Governor
Article 164(1): Ministers hold office during pleasure of Governor. Since Governor acts on CM's advice (Article 163), this effectively means CM can dismiss ministers anytime. CM's own tenure depends on commanding Assembly majority; loss of majority typically leads to resignation or dismissal.
The same person can be appointed as Governor of two or more States simultaneously.
- True
- False
Answer: True
Article 153 (as amended by 7th Amendment, 1956): Same person can be appointed Governor of two or more States. This provision enables administrative flexibility, especially for small States or during transitional periods. Emoluments are shared between States as determined by President.
Before entering office, the Chief Minister and Ministers take oath administered by the ______.
- President
- Governor
- Chief Justice of High Court
- Speaker of Assembly
Answer: Governor
Article 164(3) and Third Schedule: CM and Ministers take oath before Governor. Oath includes: (a) bear true faith to Constitution, (b) uphold sovereignty and integrity of India, (c) faithfully discharge duties, (d) maintain confidentiality. Formalizes constitutional commitment at State level.
Governor can exercise 'Suspensive Veto' by returning a Bill (except Money Bill) for reconsideration, but if Legislature repasses it, Governor ______ give assent.
- may
- must
- cannot
- should
Answer: must
Article 200: Governor has three veto types: (a) Absolute veto - withhold assent, (b) Suspensive veto - return Bill for reconsideration (if repassed, Governor must assent), (c) Reserve for President. Unlike President, Governor has no pocket veto; must act within reasonable time on Bills.
The Chief Minister can advise the Governor to dissolve the Legislative Assembly, and Governor is bound to accept this advice if CM commands majority.
- True
- False
Answer: True
Article 174: Governor summons/prorogues Assembly and can dissolve it. Convention dictates Governor accepts CM's advice on dissolution if CM commands majority. However, in ambiguous situations (e.g., loss of majority), Governor may exercise discretion to explore alternative government before dissolving.