Governor & State Legislature — Set 3

Correct Answer: B. Where the Constitution requires him to act in his discretion

Article 163 provides that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required by or under the Constitution to exercise his functions in his discretion. Areas of discretionary power include reservation of a bill for President's consideration under Article 200 and dealing with hung assembly situations. The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: C. Governor of the State

Under Article 164, the Chief Minister is appointed by the Governor. Conventionally, the Governor appoints the leader of the majority party or coalition in the Vidhan Sabha as Chief Minister. In case of a hung assembly, the Governor uses discretion. Other ministers are appointed by the Governor on the advice of the Chief Minister.

Correct Answer: B. Rights of linguistic and religious minorities

Articles 29-30 protect the cultural and educational rights of minorities. Article 29 gives every section of citizens the right to conserve its distinct language, script, or culture. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice. The State shall not discriminate against minority institutions in granting aid. These rights protect the diverse cultural fabric of India.

Correct Answer: C. Article 17

Article 17 abolishes untouchability and forbids its practice in any form. Enforcement of any disability arising out of untouchability shall be an offence punishable under law. The Protection of Civil Rights Act, 1955 (earlier Untouchability Offences Act 1955) was enacted to give effect to Article 17. Article 17 applies not only against the State but also against private individuals, making it one of the unique Fundamental Rights.

Correct Answer: B. Public employment

Article 16 guarantees equality of opportunity to all citizens in matters relating to employment or appointment to any office under the State. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence. Article 16(3) allows Parliament to make laws prescribing residence requirements for certain state employment. Article 16(4) allows reservation for backward classes inadequately represented in state services.

Correct Answer: C. 500 members

Article 170 specifies that the Legislative Assembly of each state shall consist of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies. Uttar Pradesh has the largest Vidhan Sabha with 403 members. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. Article 18

Article 18 abolishes titles and provides that no title (except military or academic distinctions) shall be conferred by the State. No citizen shall accept any title from a foreign State without the President's consent. No person holding an office of profit under the State shall accept any present, emolument, or office from any foreign State without the President's consent. This article promotes republicanism and equality by eliminating hereditary distinctions.

Correct Answer: A. 86th Amendment 2002

The 86th Constitutional Amendment Act, 2002 inserted Article 21-A which provides for free and compulsory education to all children between 6 and 14 years as a Fundamental Right. Accordingly, the Right of Children to Free and Compulsory Education Act (RTE Act) was enacted in 2009. The 86th Amendment also amended Article 45 (Directive Principle) and Article 51A (Fundamental Duties) to reflect this change. India became the 135th country to make education a fundamental right.

Correct Answer: B. Vidhan Sabha

Article 198 provides that a Money Bill shall not be introduced in the Legislative Council (Vidhan Parishad). A Money Bill can only be introduced in the Legislative Assembly (Vidhan Sabha). If the Vidhan Parishad does not pass such a bill within 14 days, the bill is deemed to have been passed by both Houses.

Correct Answer: A. Right to Property

The 44th Constitutional Amendment Act, 1978 deleted the Right to Property (Article 31) from the list of Fundamental Rights. Now property rights are only a legal right under Article 300-A which states that no person shall be deprived of his property save by authority of law. The 44th Amendment was passed by the Janata government under Prime Minister Morarji Desai. The right to property as a Fundamental Right was always controversial due to land reform legislation.