President, PM & Parliament — Set 10
Constitution Special · राष्ट्रपति, PM और संसद · Questions 91–100 of 160
What does Article 74 say about the President acting on the advice of the Council of Ministers?
Correct Answer: C. There shall be a Council of Ministers to aid and advise the President who shall act in accordance with their advice
Article 74(1) provides that there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President, who shall act in accordance with such advice. The 44th Amendment added that the President may require the Council of Ministers to reconsider such advice, but the President shall act in accordance with the advice tendered after such reconsideration. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.
Who is designated as the Leader of the Opposition in Parliament?
Correct Answer: A. The leader of the largest opposition party with at least 10% of total Lok Sabha seats
The Leader of the Opposition (LoP) must belong to a party that has at least 10% of the total membership of the House (approximately 55 members in the 543-seat Lok Sabha). This recognition and the associated salary and facilities are governed by the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.
Under Article 262, the Inter-State Water Disputes Act was passed to set up?
Correct Answer: B. Water Dispute Tribunals
Under Article 262, Parliament enacted the Inter-State Water Disputes Act, 1956 to adjudicate disputes relating to waters of inter-state rivers or river valleys through Tribunals. Famous tribunals include the Krishna Water Disputes Tribunal, Cauvery Water Disputes Tribunal, and Ravi-Beas Water Tribunal. Their decisions are final and binding.
An Ordinance promulgated by the President under Article 123 ceases to operate if?
Correct Answer: B. Not approved by Parliament within 6 weeks of its reassembly
An Ordinance under Article 123 ceases to operate at the expiration of six weeks from the reassembly of Parliament (if Parliament disapproves it earlier, it ceases immediately). The President can withdraw an Ordinance at any time. An Ordinance cannot be promulgated when both Houses are in session.
The concept of 'collective responsibility' means?
Correct Answer: B. The entire Cabinet stands or falls together based on Lok Sabha confidence
Collective responsibility (Article 75(3)) means the entire Council of Ministers stands or falls together. If a vote of no confidence is passed against the government in Lok Sabha, all ministers must resign, not just the concerned minister. Every minister must publicly support Cabinet decisions even if they personally disagreed.
Article 368 — who can initiate a Constitutional Amendment Bill?
Correct Answer: B. Any member of either House of Parliament
A bill to amend the Constitution (under Article 368) can be introduced in either House of Parliament. It can be introduced by any member of Parliament, not necessarily a minister. However, such bills typically have government backing given the special majority requirements. The bill cannot be introduced in State Legislatures.
The Preamble of the Constitution is not enforceable in court but it is used to?
Correct Answer: B. Interpret the Constitution and understand its spirit and objectives
While the Preamble is not enforceable in a court of law (Berubari Union case 1960), it plays a vital role in interpretation. The Supreme Court in Kesavananda Bharati (1973) held the Preamble to be a part of the Constitution and can be amended under Article 368. Courts use the Preamble to resolve ambiguities in constitutional provisions.
The 'No-Day-Yet-Named Motion' in Parliament refers to?
Correct Answer: B. A motion that has been accepted by the Speaker/Chairman but not yet allotted a date for discussion
A 'No-Day-Yet-Named Motion' (also called Starred/Unstarred questions held over) refers to a motion that has been admitted by the Speaker but for which no date has yet been fixed for discussion. Such motions are kept pending. This is common for Adjournment Motions and Private Members' Bills that rarely get Parliamentary time.
The Union Budget must be passed by Parliament before?
Correct Answer: B. March 31
The Union Budget (Appropriation Bill) must be passed before the end of the financial year — by March 31. If the budget is not passed in time, Parliament can grant a 'vote on account' to allow the government to withdraw money from the Consolidated Fund for a limited period. The new financial year begins on April 1.
Article 123 (President's Ordinance power) — which of the following is a limitation?
Correct Answer: A. President cannot promulgate an Ordinance when Parliament is in session
A key limitation of the President's Ordinance power under Article 123 is that an Ordinance cannot be promulgated when both Houses of Parliament are in session. An Ordinance must be laid before Parliament and will cease to operate six weeks after Parliament reassembles. The Supreme Court has held that Ordinances must be based on genuine urgency (D.C. Wadhwa case 1987).