Union-State Relations — Set 5
Constitution Special · केंद्र-राज्य संबंध · Questions 41–50 of 140
Article 301 deals with?
Correct Answer: A. Freedom of trade, commerce and intercourse within India
Article 301 provides that trade, commerce, and intercourse throughout the territory of India shall be free. This creates an internal single market within India. Parliament can impose reasonable restrictions on the freedom in public interest under Article 302. States can impose taxes on goods entering from other states only with Parliament's approval under Article 304.
Which Article enables the Parliament to enact laws for giving effect to international treaties?
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.
The 'doctrine of repugnancy' under Article 254 means?
Correct Answer: B. Central law prevails over state law on Concurrent List subjects when there is conflict
The doctrine of repugnancy under Article 254 means that when there is a conflict between a Central law and a State law on a Concurrent List subject, the Central law prevails and the state law is void to the extent of repugnancy. However, if the state law was made after the Central law and received the President's assent, it may prevail in that state. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Article 35 gives power to Parliament to legislate on which matters?
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.
Habeas Corpus literally means?
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).
The system of All India Services (IAS, IPS) is provided under which article?
Correct Answer: C. Article 312
Article 312 empowers the Rajya Sabha to create new All India Services by passing a resolution by a two-thirds majority. The All India Services (AIS) — IAS, IPS, and IFS (Indian Forest Service) — are services common to both the Union and the states. Officers of these services serve in both central and state governments.
'Mandamus' writ is issued to?
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.
The Right to Information Act, 2005 gives effect to which Fundamental Right?
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.
Which Article provides that no law shall be made abridging the freedom of press?
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.
The 'Union Territories' are under the direct administration of whom?
Correct Answer: C. President of India through administrators/Lieutenant Governors
Under Article 239, Union Territories are administered by the President through an Administrator appointed by him. The Administrator can be designated as Lieutenant Governor, Chief Commissioner, or Administrator depending on the territory. Some Union Territories (like Delhi and Puducherry) have their own elected Legislatures under Articles 239AA and 239A.