Governor & State Legislature — Set 5

Correct Answer: C. Members of Vidhan Sabha

Article 178 provides that every Legislative Assembly of a state shall choose two members of the Assembly to be respectively Speaker and Deputy Speaker. The Speaker is elected from among the members of the Assembly by a simple majority vote. The Speaker presides over sessions of the Assembly and maintains order.

Correct Answer: B. Article 253

Article 253 enables Parliament to make laws for the whole or any part of India for implementing international treaties, agreements, or conventions. This power is an exception to the normal federal division of powers as it allows Parliament to legislate even on State List subjects. Many important laws like the Wildlife Protection Act have been enacted using this Article. This power ensures India can fulfill its international obligations even when they touch on state subjects.

Correct Answer: C. Governor

Article 174 provides that the Governor shall from time to time summon the House or each House of the Legislature of the state to meet at such time and place as he thinks fit. He can also prorogue the Houses and dissolve the Vidhan Sabha. The maximum gap between two sessions cannot exceed six months.

Correct Answer: B. Enforce Article 17 and 23, and to prescribe punishment for Article 20 violations

Article 35 empowers Parliament to make laws for giving effect to specified Fundamental Rights. Parliament has power to legislate: on matters under Articles 16(3), 32(3), 33, 34 and to prescribe punishment for acts declared offences under Part III (particularly Articles 17, 23). Parliament alone has power to legislate on these matters, to the exclusion of state legislatures. This ensures uniform laws across India for protecting Fundamental Rights.

Correct Answer: C. You shall have the body

Habeas Corpus is a Latin phrase that literally means 'you shall have the body.' It is a writ issued by a court to a person detaining another, requiring the detainee to be brought before the court to examine the legality of detention. If the detention is found to be unlawful, the court orders release. The Habeas Corpus writ is considered the most important safeguard of personal liberty. In India, it can be issued by both the Supreme Court (Article 32) and High Courts (Article 226).

Correct Answer: B. Article 155

Article 155 makes the Governor a presidential appointee, creating the constitutional link between the Centre and the state. The Governor acts in a dual role: as constitutional head of the state and as representative of the Centre. This dual role sometimes leads to tension between the Centre and states, especially when different political parties are in power.

Correct Answer: C. Command a public authority to perform its duty

Mandamus (Latin for 'we command') is a writ issued by a court ordering a public authority, government official, lower court, or tribunal to perform a duty that is mandatory in nature and which they have refused or failed to perform. It can be issued against government authorities, corporations, and even inferior courts. Unlike habeas corpus which protects personal liberty, mandamus is used to compel performance of public duties. It cannot be issued against the President or Governors of states.

Correct Answer: B. Right to Freedom of Speech and Expression

The Right to Information Act, 2005 gives practical effect to the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution. The Supreme Court had held in several cases that freedom of speech includes the right to receive information. The RTI Act enables citizens to obtain information from government authorities within 30 days. It has been described as a revolutionary instrument for promoting transparency and accountability in government.

Correct Answer: A. Article 19 (by implication)

Freedom of the press is not explicitly mentioned in the Indian Constitution but is implied within the freedom of speech and expression under Article 19(1)(a). The Supreme Court has held in several cases including Romesh Thapar vs State of Madras (1950) that freedom of press is an essential part of freedom of speech and expression. Restrictions on press freedom must meet the reasonable restrictions test under Article 19(2). This implies freedom of journalism and media.

Correct Answer: C. 60 members

Article 170 provides that the Legislative Assembly of each state shall consist of not more than 500 and not less than 60 members. However, the Constitution (Seventh Amendment) Act 1956 made a special provision allowing smaller states/UTs with fewer than 60 members in their assemblies. Goa has 40 members, Sikkim has 32 members.