Governor & State Legislature — Set 2
Constitution Special · राज्यपाल और राज्य विधानमंडल · Questions 11–20 of 160
Under Article 356, President's Rule in a state can be imposed when?
Correct Answer: B. Governor reports that government cannot be carried on in accordance with the Constitution
Article 356 enables the President to issue a proclamation of President's Rule (State Emergency) if he is satisfied on receipt of a report from the Governor that the government of a state cannot be carried on in accordance with the provisions of the Constitution. Once imposed, the President takes over the functions of the state government. Parliament must approve the proclamation within two months.
Article 15 prohibits discrimination on grounds of?
Correct Answer: A. Religion, Race, Caste, Sex, Place of birth
Article 15 prohibits the State from discriminating against citizens on grounds of religion, race, caste, sex, or place of birth. This applies to access to public places, use of public facilities, and state-run services. Article 15(3) allows special provisions for women and children, and Article 15(4) allows reservations for socially and educationally backward classes. Article 15(5) added by the 93rd Amendment allows reservations in private educational institutions.
Right to Freedom of Speech is guaranteed under which Article?
Correct Answer: B. Article 19
Article 19 guarantees six fundamental freedoms to citizens including freedom of speech and expression, assembly, association, movement, residence, and profession. These rights are not absolute and can be restricted by the State on reasonable grounds specified in clauses (2) to (6). The grounds for restricting speech include sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, and morality. Article 19 applies only to citizens, not foreign nationals.
Protection against double jeopardy is provided by?
Correct Answer: B. Article 20(2)
Article 20(2) provides protection against double jeopardy, which means no person can be prosecuted and punished for the same offence more than once. This protection is available once a person has been either convicted or acquitted of an offence. Article 20(1) protects against ex-post facto laws, Article 20(2) against double jeopardy, and Article 20(3) against self-incrimination. These are protections against arbitrary criminal prosecution.
The concept of the Vidhan Sabha (State Legislative Assembly) is mentioned in which article?
Correct Answer: B. Article 168
Article 168 deals with the Constitution of Legislatures in States. It provides that for every state there shall be a Legislature which shall consist of the Governor and one House (the Legislative Assembly — Vidhan Sabha) or two Houses (Vidhan Sabha and Vidhan Parishad) as the case may be. Article 170 specifies the composition of the Vidhan Sabha.
Which article empowers the Governor to promulgate Ordinances during recess of state legislature?
Correct Answer: C. Article 213
Article 213 empowers the Governor to promulgate Ordinances when the state legislature is not in session and circumstances require immediate action. An Ordinance has the same force as an Act of the State Legislature. It must be laid before the legislature when it reassembles and ceases to operate after six weeks unless approved by the Legislature.
Right to Life under Article 21 was given expanded meaning in which landmark case?
Correct Answer: B. Maneka Gandhi case
The Maneka Gandhi vs Union of India (1978) case gave Article 21 an expanded meaning by holding that 'procedure established by law' must be fair, just, and reasonable (not merely any procedure). Earlier, the A.K. Gopalan case (1950) had held a narrow interpretation. After Maneka Gandhi case, the Court has read many rights into Article 21 including right to livelihood, right to health, right to education, right to privacy, and right to a clean environment.
Article 22 provides protection against arrest and detention. What is the maximum period for preventive detention without reference to Advisory Board?
Correct Answer: C. 3 months
Article 22 provides safeguards against arrest and detention. Under Article 22(4), no law for preventive detention can authorize detention beyond 3 months unless an Advisory Board (consisting of judges or persons qualified to be judges of High Court) has reported sufficient cause for such detention. The person detained must be informed of the grounds of detention and given opportunity to make a representation. These rights cannot be suspended during an Emergency.
Article 23 prohibits which practices?
Correct Answer: B. Traffic in human beings and forced labour
Article 23 prohibits traffic in human beings (includes slavery, prostitution, and other forms of human trafficking) and beggar (forced labour). These are Fundamental Rights enforceable against both the State and private individuals. Article 24 separately prohibits employment of children below 14 years in factories, mines, or hazardous employment. Article 23 and 24 together form the Right against Exploitation.
Freedom of religion under Articles 25-28 includes?
Correct Answer: B. Freedom of conscience and right to practice religion
Articles 25-28 guarantee freedom of religion. Article 25 gives every person the right to freely profess, practice, and propagate religion subject to public order, morality, and health. Article 26 gives religious denominations the right to manage their religious affairs. Article 27 provides that no person shall be compelled to pay taxes for promotion of any religion. Article 28 prohibits religious instruction in State-funded educational institutions.