part 7 coi

Constitution Of India – Judiciary Question Practice series Part 7 – Free PDF Download

 

Q1. Which one of the following statements is correct?  An ordinary bill introduced in Lok Sabha or Rajya Sabha becomes law :-

(a) when it is passed by both the Houses and assent of the President is received
(b) as soon as it is passed by both the House
(c) as soon as it is passed by the Houses in which it is originated
(d) None of the above

Explanation:- A

  • Every ordinary bill has to pass through stages in the Parliament. If the majority of the members present and voting accept the bill, the bill is regarded as passed by the House.
  • A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments. Every bill after being passed by both Houses of Parliament either singly or at a joint sitting is presented to the President for his assent. The President may: Give his assent to the bill. Withhold his assent to the bill. Return the bill for reconsideration of the Houses.

Q2. The Act comes into the force on the day :-

(a)it receives the assent of the President or Governor as the case may be
(b) it receives the consent of the President or Governor as the case may be
(c)it is passed by the lower house
(d) it is passed by both the houses after due deliberation

Explanation:- A

Q3. On the dissolution of Lok Sabha, a Bill passed by both the Houses of Parliament and awaiting assent of President :-

(a) lapses
(b) does not lapse
(c) needs approval of new Lok sabha
(d) needs approval of speaker of new Lok Sabha

Explanation:- B

  • A Bill that originates in the Lok Sabha and remains pending in the Lower House itself is considered lapsed with the dissolution of the House.
  • A Bill that originates and is passed by the Rajya Sabha, but is pending in the Lok Sabha also lapses with the dissolution of the Lower House.
  • Bills that have cleared both the Houses but are pending assent from the President does not lapse.

Q4. Which of the following appointments is not made by the President of India?

(a) The Chief of the Army
(b) The Speaker of the Lok Sabha
(c) The Chief Justice of India
(d) The Chief of the Air Force

Explanation:- B

  • Article 93 of the Constitution provides for the election of both the Speaker and the Deputy Speaker. The Speaker (along with the Deputy Speaker) is elected from among the Lok Sabha members by a simple majority of members present and voting in the House.

Q5. Who among the following in India, does not take oath of his office :-

(a) Vice-President
(b) Speaker
(c) Parliamentary Affairs Minister
(d) M.L.A.
(e) None of these

Explanation:- B

Q6. After the House is dissolved, the Speaker-

  • is removed from the office immediately
  • remains as Speaker until the first meeting of the House of the People after the dissolution
  • has to submit his resignation to the President of India within 24 hours
  • can continue as Speaker for the period or 30 days only

Explanation:- B

  • The Speaker holds Office from the date of his/her election till immediately before the first meeting of the next Lok Sabha (for 5 years).
  • Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.

Q7. During the Proclamation of Emergency, the duration of the House of People may be extended by the Parliament for a period not exceeding at a time.

(a) One year
(b) Six months
(c) Nine months
(d) Eighteen months

Explanation:- A

  • The Lok Sabha, unless sooner dissolved, continues to operate for five years from the date appointed for its first meeting and the expiration of the period of five years. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not extending, in any case, beyond a period of six months after the proclamation has ceased to operate.

Q8. The powers and privileges of a legislature are provided under-

(a) Article 156 of the Constitution of India
(b) Article 167 of the Constitution of India
(c) Article 186 of the Constitution of India
(d) Article 194 of the Constitution of India

Explanation:- D

  • Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”. Parliamentary privileges are defined in Article 105 of the Indian Constitution and those of State legislatures in Article 194. Freedom of Speech and Freedom from arrest.

Q9. The case of Markandey Katju v. Lok Sabha, (2017)2 SCC 384 is related to :

(a) Freedom of Speech and Parliamentary privileges
(b) Functioning of Lok Sabha
(c) Power of the Parliament to make law
(d) Election of Speaker of Lok Sabha

Explanation:- A

Q10. Which Constitution Amendment introduced the anti-defection provision of the Constitution’?

(a) 51st Amendment
(b) 52nd Amendment
(c) 53rd Amendment
(d)54th Amendment

Explanation:- B

  • The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
  • Its purpose was to bring stability to governments by discouraging legislators from changing parties.
    The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52nd Amendment Act, 1985. 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a “merger” for it to have validity in the eyes of the law.

Q11. Which of the following Schedules of the Constitution of India contains provisions regarding anti defection?

(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d)Tenth Schedule

Explanation:- D

Q12. A member of Parliament can claim immunity :-

(a) both from civil as well as criminal cases
(b) from civil cases only
(c) from criminal case only
(d) can not claim immunity either for civil or criminal cases

Explanation:- B

  • Freedom from Arrest: No member shall be arrested in a civil case 40 days before and after the adjournment of the House and also when the House is in session.

Q13. The Chief Minister shall be appointed by the-

(a) Prime Minister
(b) Governor
(c) President
(d) Vidhan Sabha

Explanation:- B

  • Article 164 of the Constitution envisages that the Chief Minister shall be appointed by the governor.

Q14. The duty of the Chief Minister regarding furnishing the information to the Governor is provided in the Constitution under-

(a) Article 165
(b) Article 166
(c)Article 167
(d) Article 168

Explanation:- C

  • Under Article 167 of the Constitution, the Chief Minister acts as a link between the Governor and state council of ministers.
  • CM advises the Governor regarding the appointment of important officials like advocate general, chairman and members of the State Public Service Commission, State Election Commission, etc.

Q15. Normal duration of the Legislative Assembly is

(a) 2 years
(b)7 years
(c) 5 years
(d) 10 years

Explanation:- C

Q16. The Supreme Court was established in-

(a) 1950
(b) 1949
(c) 1962
(d) 1980

Explanation:- A

  • After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.

Q17. The Supreme Court of India has been established under Article :-

(a) 124
(b) 125
(c)126
(d) 127

Explanation:- A

  • Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures of the Supreme Court.

Q18. The Judges of the Supreme Court take an oath conducted by :

(a) Chief Justice of India
(b) President or Vice President
(c) President or some person appointed by him
(d) None

Explanation:- C

Q19. When the Chief Justice of India is appointed by the President he is required to consult :-

(a) the Council of Minister and all Judges of the Supreme Court
(b) the Prime Minister the Law Minister and the Attorney General of India
(c)Such of the Ministers of the Cabinet and the Prime Minister, as he deems necessary
(d) Such of the Judges of the Supreme Court and High Court as he deems necessary

Explanation:- D

  • The judges of the Supreme Court are appointed by the President. The CJI is appointed by the President after consultation with such judges of the Supreme Court and high courts as he deems necessary.

Q20. Judges of the Supreme Court, other than the Chief Justice of Supreme Court, are appointed by :-

(a) The Prime Minister in consultation with the cabinet
(b) The President in consultation with Chief Justice of India
(c) Union Public Service Commission
(d) Attorney General of India

Explanation:- B

  • The other judges are appointed by the President after consultation with the CJI and such other judges of the Supreme Court and the high courts as he deems necessary.

Q21. The current sanctioned strength of the Judges (including the Chief Justice) of the Supreme Court of India is :-

(a) 25
(b) 27
(c) 29
(d) 34

Explanation:- D

Q22. The NJAC Act was declared as un constitutional in :-

(a) S.P. Gupta v. Union of India
(b) In re Presidential reference of 1998
(c) Sakal Chand v. Union of India
(d) SC Ado. on Record Association v. Union of India

Explanation:- D

  • The Collegium System faced a lot of criticism not only from the government but also from civil society due to its Lack of Transparency and Accountability. This led to the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) to replace the collegium system for the appointment of judges. The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act (NJAC) and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October 2015.

Q23. The Supreme Court Judge may be removed from office by

(a) Chief Justice of India
(b) President
(c) Cabinet
(d) President on the recommendation of Parliament

Explanation:- D

  • A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order only after an address by Parliament has been presented to him.
  • The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehaviour or incapacity.

Q24. The Supreme Court of India shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. It is provided under :

(a) Article 21
(b) Article 32
(c) Article 136
(d)Article 129

Explanation:- D

Q25. The meaning of Supreme Court and High Courts as a Court of Record is

(a) The court which maintain records of all lower courts.
(b) The court having power to punish for contempt.
(c) The court having power to give direction and issue writs.
(d) The court that preserve all records including power to punish for contempt.

Explanation:- D

Q26. What is the minimum number of judges of the Supreme Court who must sit together to constitute a Constitution Bench?

(a) 3
(b) 5
(c) 7
(d)9

Explanation:- B

Q27. Which of the following jurisdiction of the Supreme Court of India has been wrongly listed?

(a) Original jurisdiction
(b) Appellate jurisdiction
(c) Advisory jurisdiction
(d) Adjudicating administrative conflicts

Explanation:- D

Q28. Out of the following, where Supreme Court does not have original jurisdiction?

(a) Dispute between Government of India and any State or States on one side and one or more other States on other side.
(b) Dispute between Government of India and one or more States.
(c) Dispute between two corporate houses.
(d) Dispute between two or more States

Explanation:- C

  • Original jurisdiction: There are certain cases which fall within the exclusive jurisdiction of the Supreme Court. It means that all such cases begin or originate in the Supreme Court, only. It also means that such cases cannot be initiated in any other court.

Q29. In which of the following cases the Constitution bench of the Supreme Court has by a 4:1 majority held that review petitions relating to capital punishment shall be heard in open court?

A. Manoj Narula v Union of India
B. Mohammad Arif v. Registrar, Supreme Court
C. Nalini v. Union of India
D. Lily Thomas v Union of India

Explanation:- B

 

 

 

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