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Consider the following statements:<br>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.<br>2. The President of India can grant pardon under Article 72 of the Constitution of India, to any person convicted of any offence.<br>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
Correct Answer:
2 only
Under Article 74 of the Constitution of India, there shall be a council of ministers to aid and advice the President who shall act in accordance with such advice. In which one of the following case, the President is not bound by the advise of the council of ministers?
A
Dismissal of a civil servant in the interest of security of state
B
Dismissal of a state government for failure of constitutional machinery in the state
C
Promulgation of an Ordinance when both Houses of Parliament are not in session
D
While deciding a question regarding disqualification of a Member of Parliament
Article 74(2) the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
In the light of article 74(2) and decided cases, test the correctness of the following statements:
Statement 1. The Courts are justified in probing as to whether there was any material on the basis of which the advice was given, and whether it was relevant for such advice and the President could have acted on it.
Statement 2. When the Courts undertake an enquiry into the existence of such material, the prohibition contained in article 74(2) does not negate their right to know about the factual existence of any such material.
A
Only Statement 1 is correct
B
Only statement 2 is correct
C
Both statements are incorrect
D
Both statements are correct
Assertion (A): A Governor is always supposed to act on the advice of the Council of Ministers in matter of appointment of the Chief Minister.
Reason (R): Like Article 74(1), Article 163(1)of the Constitution of India make it mandatory for the Governor to act in accordance with the advice tendered by the Council of Ministers.
Choose the correct option from below:
A
Both A and R are correct and R is the correct reason for A
B
Both A and R are incorrect
C
A is incorrect but R is correct
D
A is correct but R is incorrect
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
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
Read Assertion (A) and Reason (R) and give the correct answer:
Assertion (A): The President of India has a right to seek advisory opinion of the Supreme Court of India on a question of law or fact has arisen or likely to arise, which is of such nature and of such public importance.
Reason (R): The Constitution of India makes it obligatory for the President to accept the advice rendered by the Supreme Court of India.
A
A and R are true and R is the correct explanation of A
B
A and R are true, but R is not the correct explanation of A
C
A is true, but R is false
D
A is false, but R is true
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. Council of States passes a resolution supported by not less than two-third majority of the members present and voting that it is in the national interest that the Parliament shouldmake law on such matters
2. Council of State and House of the People, both pass a resolution that it is in the national interest that the Parliament should make law on such matter
3. The President gives the prior permission for such legislation
4. Speaker of the House of the people in consultation with Chairman of the Council of States gives the prior permission for such legislation
Which of these statements is/are correct?
A
1 only
B
1, 2 and 3
C
2 and 3
D
1, 2, 3 and 4
Consider the following statement(s).
A police officer has the power to arrest any person without an order from a magistrate or warrant of arrest, if he has reason to suspect his complicity in a cognizable offence punishable with imprisonment which may extend to seven years, provided that he is satisfied for reasons in writing that such arrest is necessary
1. To prevent such person from committing any further offence.
2. For proper investigation of the offence.
3. To prevent such person from tampering with or causing the evidence of the offence to disappear.
4. To compel the absconding co-accused to surrender.
Which of the statements given above are correct?
A
1 and 2
B
2 and 3
C
1, 2 and 3
D
1, 2, 3 and 4