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Ordinance promulgated by President under Article 123 of the Constitution of India shall cease to operate after . . . . . . . .
A
3 months
B
6 months
C
6 weeks
D
15 days
Correct Answer:
6 weeks
Which is the correct position in law on an Ordinance promulgated under Article 123 of the Constitution of India, following the judgment in Krishna Kumar v. State of Bihar, (2017) 3 SCC
1. Power conferred upon the President under Article 123 is legislative in character and the satisfaction of the President is immune from judicial review.
2. An Ordinance promulgated under Article 123 must be laid before the Parliament, which is a mandatory constitutional obligation cast upon the government.
3. An Ordinance promulgated in exercise of powers under Article 123 cannot create enduring rights in favour of individuals
4. Re-promulgation of an Ordinance is a fraud on the Constitution.
Choose the correct answer from the following:
A
All the four statements are correct
B
2, 3 and 4 only
C
2 and 4 only
D
1 only
Consider the following statements.
1. An Ordinance can be Promulgated by the President of India when the House of the People is dissolved.
2. An Ordinance can be promulgated by the Governor to impose reasonable restrictions on the freedoms guaranteed under Article 19 of the Constitution.
3. An Ordinance remains operative for the same period as an Act of Parliament.
4. The same Ordinance can be promulgated more than once if the circumstances so require.
Which of the statements given above are correct?
A
2 and 4 only
B
1 and 2 only
C
1, 2 and 4
D
1 and 3
An Ordinance promulgated by the President under Article 123 of the Constitution shall cease to operate at the expiration of . . . . . . . . from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both the Houses of Parliament and in such case upon the passing of the second of those resolutions; and may be withdrawn at any time by the President.
A
One month
B
Six months
C
Six weeks
D
Two months
An ordinance promulgated by the President of India, in exercise of his legislative power, shall cease to operate or to have effect or to be same force as an Act of Parliament
A
At the expiration of six weeks from reassembly of Parliament
B
Upon passing of resolution by one House of Parliament endorsing the disapproval thereof expressed by resolution of the other House
C
Upon it being withdrawn by the President
D
All these
Which of the following observations on fundamental rights was made by the Supreme Court in K. S. Puttaswamy v. Union of India?
1. There is no overlap between rights enumerated under Article 19 and Article 21 of the Constitution of India.
2. The constitutional values embodied under every Article of Part III of the Constitution of India animates the interpretation of the other.
3. Only Article 21 contains residue of fundamental rights that are not expressly stipulated under Article 19 of the Constitution of India.
Choose the correct option from below:
A
2 and 3 are correct
B
Only 3 is correct
C
Only 2 is correct
D
1 and 2 are correct
The State of J & K enjoy a special status under the Article 370 of the Constitution. But under Article 370(3), the President may declare that Article 370 shall cease to be operative. This power is subject to:
1. Public notification
2. Recommendation of Parliament
3. Advice of the Union Council of Ministers
4. Recommendations of the constituent Assembly of J & K
A
1 and 3 are correct
B
1 and 2 are correct
C
2 and 4 are correct
D
1 and 4 are correct
Which of the following statement/statements is/are incorrect? Give answer:
1. The election of the President shall be held in accordance with the system of proportional representation by means of single non-transferable vote.
2. The President may resign, by writing under his hand addressed to the Chief Justice of India.
3. No resolution to remove the Vice President of India from his office, shall be moved unless at least thirty days notice has been given to him.
4. Vice-President shall, not with standing the expiration of his term, continue to hold office until his successor enters upon his office.
A
1, 2, 3 and 4 are incorrect
B
1, 2 and 3 are incorrect
C
Only 1 and 2 are incorrect
D
Only 1 is incorrect
Consider the following statements:
1. After the President of India has asked the Council of Ministers to reconsider the advice given by the Council of Ministers, the President may not act in accordance with the advice rendered after such reconsideration.
2. The President of India can grant pardon under Article 72 of the Constitution of India, to any person convicted of any offence.
Which of the statements given above is/are correct?
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Consider the following statement regarding the proclamation of national emergency under Article 352 of the Constitution of India:
1. A proclamation of emergency once approved by Parliament shall remain in force for a period of six month.
2. The satisfaction of the President under Article 352, is the satisfaction of the Union Council of Ministers.
3. While the proclamation is in the operation, the normal life of the Lok Sabha cannot be extended.
4. The freedom given by the Article 19 of the Constitution can be suspended.
Which of the statements given above as correct?
A
1 and 2 only
B
2 and 4 only
C
1, 2 and 4
D
1 and 3
Consider the following statements:
1. The President shall appoint a person who is qualified to be appointed a judge of a High Court to be Attorney-General for India.
2. In the performance of his duties the Attorney-General shall have right of audience in all courts in India.
3. The Attorney-General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine.
Which of the statements given above is/are correct?
A
1 only
B
2 and 3
C
1 and 2
D
1,2 and 3