Governor & State Legislature — Set 6
Constitution Special · राज्यपाल और राज्य विधानमंडल · Questions 51–60 of 160
Under Article 176, the Governor addresses the legislature at the commencement of?
Correct Answer: C. First session after each general election and the first session of each year
Under Article 176, the Governor shall address the Legislative Assembly or, in case of a state having a Legislative Council, both Houses assembled together, at the commencement of the first session after each general election to that Assembly and at the commencement of the first session of each year. This address outlines the government's policies and program for the year. The Governor acts as the constitutional head of the state and is appointed by the President of India.
Under which Article can the State make special provisions for women and children?
Correct Answer: B. Article 15(3)
Article 15(3) is an exception to the general rule of non-discrimination under Article 15(1) and allows the State to make special provisions for women and children. This provision has been used to justify reservations for women in educational institutions, protective labour legislation for women, and special welfare schemes for children. It reflects the Constitution's recognition that formal equality may not be sufficient to achieve substantive equality for women and children.
Kesavananda Bharati case (1973) is significant because it established?
Correct Answer: B. Basic Structure doctrine limiting Parliament's amending power
The Kesavananda Bharati vs State of Kerala (1973) case is one of the most significant constitutional cases in India. A 13-judge bench of the Supreme Court by a 7-6 majority held that while Parliament has the power to amend any provision of the Constitution under Article 368, it cannot amend the 'basic structure' or 'essential features' of the Constitution. These include supremacy of the Constitution, republican and democratic form of government, secularism, separation of powers, and judicial review.
Which Article gives citizens the right to move freely throughout India?
Correct Answer: B. Article 19(1)(d)
Article 19(1)(d) guarantees to all citizens the right to move freely throughout the territory of India. This right allows Indians to travel within the country without restrictions. Reasonable restrictions can be imposed on this right in the interest of the general public or for the protection of interests of any Scheduled Tribe under Article 19(5). States cannot impose restrictions on entry of citizens from other states except in the above cases.
Which writ is used to challenge the authority or qualification of a person to hold a public office?
Correct Answer: C. Quo Warranto
Quo Warranto (Latin for 'by what authority/warrant') is a writ issued by a court to challenge the right of a person to hold a public office. The court inquires by what authority the person claims to hold the office. If the court finds the claim invalid, it can disqualify the person from holding the office. This writ can be issued against public offices created by statute. It cannot be issued against a holder of a purely ministerial or private office.
What happens if the Vidhan Sabha does not pass a vote of confidence moved against the Council of Ministers?
Correct Answer: C. Council of Ministers must resign
Under Article 164(2), the Council of Ministers shall be collectively responsible to the Legislative Assembly of the state. If a motion of no-confidence is passed against the Council of Ministers, the Council is constitutionally bound to resign. The Governor then invites the next majority leader to form the government or may impose President's Rule.
Under Article 356, the President's Rule in a state can be extended beyond 3 years with?
Correct Answer: C. Two-thirds majority with a National Emergency under Article 352 also in force
Under Article 356, President's Rule can normally continue for a maximum period of three years. Extension beyond one year requires, in addition to approval by both Houses of Parliament, two conditions: (1) a proclamation of National Emergency (Article 352) must be in operation in the whole of India or in the whole or part of that state, and (2) the Election Commission certifies that elections cannot be held. This was introduced by the 44th Amendment.
Which Article of the Constitution provides for reservation of seats for SCs and STs in the Lok Sabha?
Correct Answer: A. Article 330
Article 330 provides for reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha in proportion to their population. This reservation was originally meant to last for 10 years from the commencement of the Constitution but has been extended repeatedly. The 95th Constitutional Amendment extended this reservation till 2020, and it has been extended further. This positive discrimination measure aims to ensure political representation of historically disadvantaged groups.
The 97th Constitutional Amendment 2011 added which right to Part III?
Correct Answer: A. Right to form cooperative societies
The 97th Constitutional Amendment Act, 2011 added the right to form cooperative societies to Article 19(1) of the Constitution. The amendment added clause (c) to Article 19(1) to include freedom to form cooperative societies. It also inserted Article 43B as a new Directive Principle regarding promotion of cooperative societies. This amendment recognized the importance of the cooperative sector in India's economy and aimed to give it constitutional status.
Which Article restricts Parliament from making any law that abridges Fundamental Rights?
Correct Answer: B. Article 13(2)
Article 13(2) declares that the State shall not make any law which takes away or abridges the rights conferred by Part III (Fundamental Rights), and any law made in contravention of Fundamental Rights shall be void to the extent of the contravention. This is the basis for judicial review of legislation in India - courts can strike down laws that violate Fundamental Rights. Article 13(1) also declares that pre-constitutional laws inconsistent with Fundamental Rights are void.