Governor & State Legislature — Set 7
Constitution Special · राज्यपाल और राज्य विधानमंडल · Questions 61–70 of 160
The Bommai case (1994) was landmark in relation to which constitutional provision?
Correct Answer: B. Article 356
S.R. Bommai v. Union of India (1994) was a landmark Supreme Court decision regarding Article 356 (President's Rule). The court held that the power under Article 356 is subject to judicial review, the floor of the House is the best test of majority, and the Governor's report is not final. This judgment significantly curtailed the arbitrary misuse of Article 356 by the Central government.
Article 33 empowers Parliament to restrict Fundamental Rights of which category?
Correct Answer: B. Members of Armed Forces and Police
Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of members of the Armed Forces, the Forces charged with the maintenance of public order (like police), persons employed in any bureau or organization established by the State for purposes of intelligence or counter-intelligence, and persons employed by the State in establishments for communications. Parliament can make special laws for these categories in the interest of discipline and proper functioning. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.
Protection of accused person's right against self-incrimination is under?
Correct Answer: C. Article 20(3)
Article 20(3) provides protection against self-incrimination by stating that no person accused of any offence shall be compelled to be a witness against himself. This right applies from the moment of accusation, not just during trial. The Supreme Court has held that this right covers not just oral testimony but also documentary evidence. However, this protection does not extend to real or physical evidence like fingerprints, blood samples, or DNA tests.
Who decides disputes regarding disqualification of members of a state legislature?
Correct Answer: C. Governor in consultation with the Election Commission
Under Article 192, if any question arises as to whether a member of a House of the Legislature of a state has become subject to any disqualification, the question shall be referred to the Governor. The Governor shall obtain the opinion of the Election Commission and shall act according to such opinion. For anti-defection cases under the Tenth Schedule, it is the Speaker.
The Constitution provides for Fundamental Rights available only to citizens (not foreigners). Which of these is available only to citizens?
Correct Answer: C. Article 19 - Six Freedoms
Article 19 with its six fundamental freedoms (freedom of speech, assembly, association, movement, residence, and profession) is available only to citizens of India, not to foreign nationals. In contrast, Articles 14, 20, 21, 22, 23, 24, 25, 26, 27, and 28 are available to all persons (citizens and non-citizens alike). This distinction is important as it limits certain freedoms to those with a special bond with the Indian state.
A state legislature's session ends with?
Correct Answer: B. Prorogation
A session of a state legislature (as well as Parliament) ends with prorogation — an act by the Governor/President that terminates a session. Prorogation is followed by the interval before the next session. Adjournment ends only a sitting for a specific period. Dissolution refers to the end of the term of the Vidhan Sabha itself.
The Governor of a state is NOT empowered to grant pardon in cases involving?
Correct Answer: C. Offences under the army act
Article 161 empowers the Governor to grant pardons only for offences against laws relating to matters in the State List (or Concurrent List). The Governor cannot grant pardon for sentences awarded by a Court Martial (under army/military laws), as these fall under the Union List. Only the President under Article 72 can grant pardon in court-martial cases.
The members of Legislative Council (Vidhan Parishad) who are elected by the Legislative Assembly constitute what fraction?
Correct Answer: B. One-third of the total council
Under Article 171(3), one-third of the members of the Vidhan Parishad are elected by the members of the Vidhan Sabha (Assembly), one-third by local bodies, one-twelfth by graduates, one-twelfth by teachers, and one-sixth are nominated by the Governor. The total is thus 1/3 + 1/3 + 1/12 + 1/12 + 1/6 = 1. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Under Article 167, the Chief Minister is responsible to?
Correct Answer: A. Governor
Article 167 lays down the duties of the Chief Minister with respect to the furnishing of information to the Governor. The CM must communicate to the Governor all decisions of the Council of Ministers relating to administration and proposals for legislation. The CM must also submit such information as the Governor may call for. This establishes the CM's accountability to the constitutional head.
The concept of 'Pocket Veto' can be exercised by?
Correct Answer: B. Governor when reserving a bill indefinitely for President's consideration
A 'Pocket Veto' occurs when the Governor indefinitely sits on a bill — neither assenting, withholding assent, nor returning it — effectively putting it in his 'pocket'. Under Article 200, the Governor can reserve a bill for the President's consideration without any time limit, which amounts to a Pocket Veto. The Indian Constitution does not set a time limit for the Governor to act on bills.