State Government 10th Social Science Lesson 9 Questions in English
10th Social Science Lesson 9 Questions in English
9] State Government
1. Assertion (A): The Central Government is the supreme government in our country.
Reasoning (R): All the States and Union Territories are administered by the Central Government of India.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
The Constitution of India envisages for a federal government, having separate systems of administration for the union and the states.
2. Choose the correct Statements
i) In India there are 28 States and 7 Union Territories.
ii) The Constitution of India provides the Structure of State Government in Part VI from Article 151 to 235.
iii) The State Government consists of two branches for its administration.
a) i, iii only c) ii only
b) ii, iii only d) None of the above
Explanation
There are 29 states, 6 union territories and one national capital territory known as Delhi in India. It lays down a uniform structure for the State Government, in part VI of the constitution from Article 152 to 237. The structure of the State Government, as formed in the Centre, consists of three branches. These are the Executive, the Legislature and the Judiciary.
3. When was the constitution of Jammu and Kashmir adopted?
a) 17th November 1957 c) 26th January 1950
b) 26th January 1957 d) 6th December 1949
Explanation
The Constitution of Jammu and Kashmir was adopted on the 17 November, 1957 and came into force on 26 January, 1957. The Constitution of India grants special status to Jammu and Kashmir among Indian states, and it is the only state in India to have a separate constitution.
4. What were the special features of the Separate Constitution of the Jammu and Kashmir?
a) Directive principles of State Policy was not applicable
b) Fundamental Duties of the Constitution was not applicable.
c) Right to Property was granted as a Fundamental Right.
d) All the above
Explanation
The Constitution of India grants special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution. The Directive Principles of the State Policy and fundamental duties of the constitution were not applicable to the state of Jammu and Kashmir. Right to Property, which is denied as a fundamental right to rest of the India, was guaranteed in Jammu and Kashmir.
5. Choose the correct Statements
i) The Governor is the constitutional Head of the State executive.
ii) Article 154 vests the executive power of the state in the Governor.
a) i only c) both i and ii
b) ii only d) none of the above
Explanation
The Governor is the constitutional head of the state executive. The administration of a State is carried on in the name of the Governor. Article 154(1) holds that the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinates to him in accordance with this Constitution.
6. Assertion (A): The State Legislature or the Judiciary does not have rights to remove the Governor.
Reasoning(R): The Governor can be transferred from one state to another by the President.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
The Governor of a State shall be appointed by the President. He can also be transferred from one state to another by the President. The Legislature of a State or a High Court has no role in the removal of a Governor.
7. Choose the Correct statements
i) The Governor does not belong to the State where he is appointed.
ii) A Governor can be appointed only once to a State.
iii) The President of India decides on his own regarding the appointment of the Governor.
a) i only c) iii only
b) ii only d) None of the above
Explanation
The Governor should not be a resident of the State concerned and, the State Government concerned is consulted and its views are sought regarding the proposed choice. A person may be appointed as a Governor for any number of terms.
8. Which of these Article states that the allowances of the Governor who is common for one or more States?
a) Article 153 c) Article 158
b) Article 151 d) Article 162
Explanation
According to Article 158 (3A), where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.
9. The Sarkaria Commission made suggestion on which of these Appointments?
a) The Governor c) The Prime Minister
b) The Attorney General of India d) The Speaker
Explanation
Sarkaria Commission on Centre, State relations suggested that the appointment of the Governor should be made.
10. In Which year the Sarkaria Commission was appointed?
a) June 1983 c) May 1982
b) October 1987 d) September 1982
Explanation
In June 1983 the Union Government appointed a Commission under the Chairmanship of Justice R.S.Sarkaria to review the question of Centre State relations.
11. Which Articles of the Indian Constitution specifies the eligibility requirements for the post of the State Governor?
a) Article 157 c) Article 153
b) Article 152 d) Article 155
Explanation
The Article 157 in Part VI of the Indian Constitution states the Qualifications of the Governor of a State.
12. What are the eligibility criteria’s for the Governor?
i) The Governor must have completed 30 years of age.
ii) He may be a member of Parliament or of any other State Legislature.
a) i only c) Both i and ii
b) ii o.nly d) None of the above
Explanation.
Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows:
- He should be a citizen of India.
- He must have completed 35 years of age.
- He should not be a member of Parliament or of any State Legislature. If he is a member of any of Legislature, he automatically vacates his seat on assuming the office.
- He should not hold any other profitable occupation.
13. Assertion (A): The Governor is the head of the State executive with enormous powers.
Reasoning (R): The Article 163 of the constitution states about the Council of Ministers aid and advice to the Governor.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
The Governor of the State is the head of the executive and he has enormous powers. In certain cases he is guided by the advice of the Council of Ministers under the Article 163 in Part VI of the Indian Constitution.
14. The Executive powers of the Governor are
i) Appointing the Advocate-General of the State.
ii) Appointing the State Election Commissioner.
iii) Appointment of the Chairman and members of the State Public Service Commission.
iv) Declaring the State Emergency as per the recommendations of the Council of Ministers.
a) i, ii, iv only c) ii, iv only
b) ii, iii only d) i, ii, iii only
Explanation
Executive Powers
The Constitution vests all executive powers of the State Government in the Governor. He may exercise this power either directly or through officers subordinate to him. He is the constitutional head of the State. All the administration is carried on in his name.
The executive powers and functions of the Governor are:
- He appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister of the State.
- He appoints other members of the Council of Ministers on the recommendation of the Chief Minister.
- He appoints the Advocate – General of the state and determines his remuneration.
- The Advocate General holds office during the pleasure of the Governor.
- He appoints the Chairman and Members of the State Public Service Commission.
- However, they can be removed only by the president and not by a governor.
- He appoints the state election commissioner and determines his conditions of service and tenure of office.
- However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.
- He acts as the chancellor of universities in the state. He also appoints the Vice Chancellors of universities in the state.
- He directly rules a State when there is the imposition of the President’s rule in the State.
15.Assertion(A): The President declares the State Emergency by the Article 352 of the Constitution.
Reasoning (R): The Governor rules the state when there is the imposition of the President’s rule in the State.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is False But R is True.
d) Both A and R is False.
Explanation
If the Governor is satisfied that the government of the state is not carried on in accordance with the provisions of the Constitution, he may, under Article 356, recommend to the President to impose President Rule in that State. As soon as the President Rule is imposed, the administration of the State is carried on by the Governor as the representative of the President.
16. How many members are nominated by the Governor for the state legislative Council?
a) 1/3rd c) 1/4th
b) 1/6th d) ½
Explanation
The State Governor nominates 1/6 of the members of the State Legislative Council from amongst the persons having special knowledge or practical experience in literature, science, art, cooperative movement and social services.
17. On whose recommendations the Governor disqualifies a member of the State Legislature?
a) The Election Commission c) The Chief Minister
b) The President d) The Advocate General of State
Explanation
The Governor decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.
18. Which of these Articles refers to the powers of Governor to promulgate ordinances during recess of legislature?
a) Article 210 c) Article 211
b) Article 213 d) Article 215
Explanation
He can promulgate ordinances when the state legislature is not in session under Article 213. But, these ordinances must be approved by the legislature within six months. He can also withdraw an ordinance at any time.
19. State the Financial powers of the Governor?
i) The Governor constitutes a Finance Commission after every five years to review the financial position of the state.
ii) He can dissolve the Legislative Assembly.
iii) He can make advances out of the State Contingency Fund.
a) i, iii only c) ii only
b) ii, iii only d) none of the above
Explanation
Financial Powers
- The Constitution confers on the Governor, the duty to get prepared and introduced to the State Legislature, the annual budget and also the supplementary budgets, if necessary.
- He causes the Annual Financial Statement (Budget) of the State to be presented in the Legislative Assembly.
- He presents through the Minister of Finance of the State the Supplementary Budget of the State to the Legislative Assembly if there be such a need.
- Money Bills can be introduced in the State Legislature only with his the prior recommendation.
- No demand for any grant can be made except on his recommendation.
- He can make advances out of the state Contingency Fund to meet any unforeseen expenditure.
- He constitutes a Finance Commission after every five years to review the financial position of the panchayats and the municipalities.
20. Which of these appointments are made by the Governor of a State?
a) Chancellor of Universities c) District Judges
b) Chief Justice of High Court d) Leader of Majority Party
Explanation
The Governor of a State makes appointment, postings and promotions of the District Judges in
Consultation with the State High Court.
21. State the Discretionary powers of the Governor.
i) He can reserve a bill for the President consideration.
ii) To introduce the Annual Financial statement of the State.
iii) He can nominate one member to the state legislature assembly from the Anglo-Indian community.
a) i only c) iii only
b) ii only d) All the above
Explanation
Discretionary Powers
- The Governor can reserve a bill for the consideration of the president.
- He recommends for the imposition of the President’s rule in the state.
- He seeks information from the Chief Minister relating to the administrative and legislative matters of the state.
- He can call the leader of any party to form ministry in the state when there is no clear-cut majority to any party in the Legislative Assembly after the general elections.
- He can dismiss the Council of Ministers when it is unable to prove the confidence of the Legislative Assembly; and
- He can dissolve the Legislative Assembly if the Council of Ministers has lost its majority.
22. Which State does not had a State emergency so far in India?
a) Bihar c) Telangana
b) Sikkim d) Assam
Explanation
Every state in India except two states Chhatisgarh and Telangana has been under the State Emergency at some point of time or the other.
23. Who is responsible for the administration of a State during the emergency period?
a) The President c) The Governor
b) The chief Justice of High Court d) The Attorney General of the State
Explanation
Under Article 356, the Governor recommend to the President to impose President Rule in that State. As soon as the President Rule is imposed, the administration of the State is carried on by the Governor as the representative of the President.
24. Which part of the Indian constitution has the special privilege of the Governor?
a) Part VI c) Part IV
b) Part XIX d) Part XX
Explanation
The Article 361(1) in Part XIX of the constitution provides the Miscellaneous or the special privileges for the Governor as well as the President.
25. The Chief Minister of the State is
a) Nominal executive authority of the state c) Executive authority of the High Court
b) Head of the State d) Head of the Government
Explanation
The Governor is the nominal executive authority and the Chief Minister is the real executive authority. In other words, the governor is the head of the State while the Chief Minister is the head of the government.
26. What are the Incorrect statements regarding the appointment of the Chief Minister of a State.
i) The Chief Minister is appointed by the Governor of the State.
ii) The Leader of the majority party of the State Legislative assembly is appointed as the Chief Minister.
iii) The Term of the Chief Minister is fixed for five years.
iv) The Chief Minister resigns when he loses confidence of the majority in the Assembly.
a) i, iii, iv only c) iii only
b) ii, iii only d) iv only
Explanation
The Chief Minister is appointed by the Governor of the State. The leader of the majority party or majority group in the State Legislative Assembly is appointed as the Chief Minister. The term of the Chief Minister is not fixed. He may remain as the Chief Minister as long as he enjoys the support of the majority of the members of the Legislative Assembly. He has to resign when he losses confidence of the majority in the assembly.
27. Which of these State was the first Linguistic based State of Independent India?
a) Tamil Nadu c) Andhra Pradesh
b) Gujarat d) Bihar
Explanation
The Government of India was forced to create the Linguistic based states in the year 1953. Andhra Pradesh emerged as a first linguistic state on Nov 1, 1956 by separating the Telugu speaking areas from Madras state.
28. Who was the Governor during the first emergency declaration period in Tamil Nadu?
a) K.K.Shah c) P. Govindan Nair
b) Mohan Lal Sukadia d) M.M.Ismail
Explanation
In 1976, during the National Emergency the first State emergency was declared in Tamil Nadu. K.K.Shah was the Governor of the State during that period of emergency.
29. Which of these are the Powers and functions of the Chief Minister related to the Council of Ministers?
a) He recommends the Ministers and their respective portfolios to the Governor.
b) He presides the meetings of the Council of Ministers.
c) He can ask a minister to resign in case of difference of opinion.
d) All the above
Explanation
As the head of the Council of Ministers, the Chief Minister enjoys the following functions and powers. The Chief Minister recommends the persons who can be appointed as ministers by Governor. He allocates the portfolios among the ministers. He shuffles and reshuffles his ministry. He can ask a minister to resign or to advise the Governor to dismiss him in case of difference of opinion. He presides over the meetings of the Council of Ministers and influences its decisions. He can bring about the collapse of the council of ministers by resigning from office.
30. Assertion (A): The Chief Minister is the principal channel of communication between the Governor and the Council of Ministers.
Reasoning(R): The Governor appoints the State election commissioner as per the recommendations of the Council of Ministers.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
The Chief Minister is the principal channel of communication between the Governor and the Council of Ministers, and he advises the Governor in relation to the appointment of the officials like the Advocate General of the State, State Election Commissioner, Chairman and Members of the State Public Service Commission, the State Planning Commission, the State Finance Commission.
31. Which of these Articles states the definition of Money Bills in the State legislature?
a) Article 199 c) Article 198
b) Article 200 d) Article 201
Explanation
The Article 199 in Part VI of the Constitution discusses the definition of Money Bills in the State Legislative Assembly.
32. Who is responsible authority for announcing the Government policies in the State Legislative Assembly?
a) The Chief Ministe c) The Minister
b) The Speak d) The Governor
Explanation
The Chief Minister announces the government policies on the floor of the houses.
33. State the Correct Statements regarding the Council of Ministers
i) The Council of Ministers is responsible to the State Government.
ii) The Non-members of the State legislature must secure their seats in the Legislature within a period of 6 months.
iii) Even if the Chief Minister is removed from his office the Council of Ministers will also be in power.
a) i only c) iii only
b) ii only d) All the above
Explanation
The Council of Ministers is collectively responsible to the State Legislature. All the members of the Council of Ministers must be the members of the State Legislature. Those who are not the members at the time of their appointment must secure their seats in the Legislature within a period of 6 months. All the ministers work as a team under the Chief Minster. As long as the Chief Minister is in office, the Council of Ministers will also be in power.
34. Assertion (A): As per the Article 164 of the Constitution the Chief Minister is appointed by the
Governor.
Reasoning(R): The Ministers of the State Assembly are appointed by the Chief Minister.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
The Article 164(1) in Part VI of the Constitution states that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister.
35. State the minimum percentage of the Council of Ministers for a State Legislative Assembly?
a) 20% c) 15%
b) 10% d) 25%
Explanation
The Article 164(1A) states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen percent of the total number of members of the Legislative Assembly.
36. The Powers and functions of the Council of Ministers are subjected as
i) It advises the Governor in appointing the Judges of the Subordinate Courts.
ii) Making important appointments in the respective departments.
a) i only c) Both i and ii
b) ii only d) Either i or ii
Explanation
The functions and powers of the Council of Ministers is provided as, It formulates and decides the policies of the state and implements them effectively. It makes the important appointments of the Heads of Departments. It discusses and takes efforts on the dispute with other states. It advises the Governor on the appointment of Judges of the subordinate courts. It frames the proposal for incurring expenditure out of state reserves.
37. Assertion (A): The Indian Constitution provides a legislature for every State.
Reasoning(R): All the States and the Union Territories have a Unicameral Legislature.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
The Constitution of India provides a legislature for every state. Most of the States have only unicameral legislature that is Legislative assembly. Some State has bicameral legislatures too.
38. Which of this State does not have a Legislative Council?
a) Andhra Pradesh c) Madhya Pradesh
b) Bihar d) Maharashtra
Explanation
As of November 2019, six out of twenty eight states have a Legislative Council. They are Andhra Pradesh, Bihar, Uttar Pradesh, Maharashtra, Karnataka, and Telangana.
39. Which of these members are represented in the Legislative Council of a State?
a) People Representatives c) Local Government representatives
b) Governor nominated representatives d) both b and c
Explanation
The Upper house which is the Legislative Council represents special interests like teachers, graduates and local governments.
40. The Constitution of India states that the Legislative Assembly of a State
i) The real center of power in the State.
ii) The members are directly nominated by the Governor.
iii) The members are directly elected by the people on the basis of adult franchise.
iv) The Strength of the Assembly is uniform for all the States.
a) i and iv only c) ii, iii only
b) Either i or iv d) both i and iii
Explanation
The Legislative Assembly is the real center of power in the State. It consists of members directly elected by the people on the basis of adult franchise. The strength of the Assembly varies from State to State depending on the population.
41. Which Article of the Indian Constitution provides the Composition details of the Legislative Assembly for a State?
a) Article 170 c) Article 171
b) Article 168 d) Article 171
Explanation
The Article 170 in Part VI of the Indian Constitution states that the maximum strength of the Assembly must not exceed 500 or its minimum strength not be below 60.
42. What is the minimum size of the members of a Legislative Council of a State?
a) 1/3rd of the Legislative Assembly c) 1/6th of Council of Ministers
b) 1/6th of the Local Government Representatives d) 1/3rd of the Total population
Explanation
As per the Article 171 in Part VI of the Constitution the size of the Legislative Council cannot be more than one-third the membership of the Legislative Assembly (lower house) of that state.
43. Assertion (A): Article 172 of the Constitution states the Duration of the State Assembly is five years.
Reasoning(R): The State Legislative Assembly can be dissolved even before the expiry term.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is False But R is True.
d) Both A and R is False.
Explanation
The term of office of the legislative assembly as per the Article 172 of the Constitution is 5 years. It can be dissolved even before the expiry of its term due to lack of majority or Emergency declarations.
44. How many members are nominated by the Governor to the Lower House of Tamil Nadu?
a) 1 c) 3
b) 2 d) 4
Explanation
The Legislative Assembly of Tamil Nadu consists of 235 members out of which 234 members are directly elected by the people from the constituencies on the basis of adult franchise and one member is nominated by the Governor from the Anglo-Indian community.
45. The Cabinet Committees of a State has,
i) All the Ministers of the State Government.
ii) A real center of the authority in the State Government.
iii) There are three types of Cabinet Committees.
a) i only c) iii only
b) ii only d) all the above
Explanation
A smaller body called Cabinet is the nucleus of the council of minister. It consists of only the cabinet ministers. It is the real center of authority in the state government. The cabinet works through various committees called cabinet committees. They are of two types – standing and ad hoc.
46. Which of these are the Conditions to disqualify a member of the State Legislative Assembly?
a) Not a Citizen of India c) Does not possess other prescribed qualifications
b) Not less than twenty five years of age d) All the above
Explanation
The Article 173 of the Constitution describes the conditions and qualifications for member to be a State Legislative Assembly.
47. Article 176 of the Indian Constitution provides the Special Address by the _____.in the State Legislative Assembly.
a) The Governor c) The Chief Minister
b) The Speaker d) The Attorney General of the State
Explanation
Article 176 of the Constitution states the special address by the Governor at the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.
48. Which Article of the Constitution discusses the appointments of the Speaker and the Deputy Speaker of the State Legislative Assembly?
a) Article 178 c) Article 176
b) Article 179 d) Article 171
Explanation
The Article 178 of the Constitution states that every Legislative Assembly of a State shall choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker.
49. State the correct statements regarding vacation or removal of the Speaker?
a) The Speaker may resign his office at any time.
b) He may be removed from the office after giving a 14 day notice by the members.
c) He does not vacate his office even when the assembly is dissolved.
d) All the above
Explanation
The Speaker vacates his office, if he cannot continue to be a member of the Assembly. He may also resign his office at any time. The speaker may be removed from office by a resolution of the Assembly after giving a 14 days’ notice. Such a resolution must be passed by a majority of the members present at the time of voting. The speaker does not vacate his office, when the Assembly is dissolved.
50. The Legislative Council of a State is
i) The Upper House of a State Legislature.
ii) It is a Permanent House by constitution.
iii) Members shall not exceed of One third members of the State Legislative Assembly.
a) i only c) iii only
b) ii only d) All the above
Explanation
The legislative Council is the upper House of the State Legislature. It is constituted as a permanent House. Article 171(1) provides that the total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State, but not less than 40 members in any case.
51. The Legislative Council members are elected by
a) Direct Election c) either a or b
b) Indirect Election d) neither a nor b
Explanation
The Legislative Council serves as the indirectly elected upper house of a bicameral legislature. It is also a permanent house because it cannot be dissolved.
52. Assertion (A): The State legislative Council member’s office term is Six years.
Reasoning (R): One fourth of the Members expire for every three years.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
Every Member of Legislative Council (MLC) serves for a six-year term, with terms staggered so that the terms of one-third of members expire every two years.
53. In which year the Legislative Council of Tamil Nadu was abolished by a bill?
a) 1962 c) 1986
b) 1985 d) 1981
Explanation
The Tamil Nadu Legislative Council was abolished by Tamil Nadu Legislative Council (Abolition) Bill, 1986.The Act came into force on the 1st November 1986.
54. The Legislative Council Members are elected by
i) 1/3rd of the members by the Legislative Assembly Members.
ii) 1/3rd of members by the Local Bodies.
iii) 1/10th of the members by the Graduate teachers.
iv) 1/6th by the governor nomination.
a) i, ii, iii only c) iii, iv only
b) i, ii, iv only d) iv only
Explanation
Election to Legislative Council
- 1/3 of the members are elected by local bodies.
- 1/12 of the members are elected by Graduates of the universities in the State.
- 1 /12 of the members are elected by Graduate teachers.
- 1/3 of the members are elected by the members of the Legislative Assembly.
- 1/6 is nominated by the Governor who is eminent in the field of literary excellence, art, social services or Co-operation.
55. What does the Article 188 in Part VI of the Constitution contains?
a) Assent to bills c) Oath or affirmation by Members
b) Definition of Money Bills d) Annual Financial Statement
Explanation
The Article 188 of Constitution of India provides with the “Oath or affirmation by members”. Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor an oath or affirmation according to the form set out for the purpose in the Third Schedule.
56. Who presides over the Upper House of a State?
a) The Speaker c) The Governor
b) The Deputy Speaker d) The Chair Man
Explanation
The Chairman is the Presiding Officer of the Upper house. The Members elect a Chairman and a deputy chairman from among themselves. In the absence of the chairman, the deputy chairman officiate the functions of the Legislative Council.
57. Assertion (A): The Article 187 in Part VI of the constitution provides a Secretariat of the State
Legislature.
Reasoning (R): The Each house of a State can have a separate Secretarial Staff.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is False But R is True.
d) Both A and R is False.
Explanation
The Article 187 states the Secretariat of State Legislature. The House or each House of the Legislature of a State shall have a separate secretarial staff In the case of the Legislature of a State having a Legislative Council, be constructed as preventing the creation of posts common to both Houses of such Legislature.
58. In which of these ways the Legislative Council of a State can be abolished or created?
a) By article 169 in Part VI
b) Requesting the Parliament by a Majority resolution
c) By passing a resolution with majority in the State Legislative Assembly
d) All the above
Explanation
The Article 169 holds that if the state Legislative Assembly passes a resolution by a majority of not less than 2/3rd of the members present and voting and by the majority of total strength of the House, requesting the Parliament to create or abolish the state Legislative council then the Parliament may by law provide for the abolition and creation of the Legislative Council.
59. Assertion (A): The legislative Power of the State Assembly allows it to pass laws on all State lists.
Reasoning (R): The State Legislative Assemblies cannot pass laws on Concurrent subjects.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is True But R is False.
d) Both A and R is False.
Explanation
The State Legislature can pass laws on all subjects mentioned in the State List as per the constitution. It can also pass laws on concurrent subjects. The State made law in a concurrent subject will become inoperative when the center also passes a law on the same subject.
60. Choose the Correct statements regarding the Financial Powers of the State Legislative
i) Both the Houses of the State Legislative enjoy equal power in Financial Matters.
ii) Money Bills can be introduced in the Legislative Council for Approval.
iii) No new tax can levied without the sanction of the Assembly.
a) i only c) iii only
b) ii only d) None of the above
Explanation
The Legislature controls the finances of the State. The Lower House enjoys greater power than the Upper House in money matters. Money bills can be introduced only in the Lower House or the Assembly. No new tax can be levied without the sanction and permission of the Assembly.
61. Which of these Articles discuss the Language usage in the State Legislatives?
a) Article 210 c) Article 200
b) Article 212 d) Article 211
Explanation
The Article 210 states the language to be used in the Legislature. It states that the business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English.
62. Name the Governor General who passed the establishment of High Courts in India before Independence?
a) Lord Canning c) Lord Irwin
b) Lord Wavell d) Lord Curzon
Explanation
During the tenure of Lord Canning, the Indian High court Act 1861 was passed by the British Parliament to establish High Courts in the Indian Colony.
63. Assertion (A): The High Court is the highest level of Jurisdiction in the State.
Reasoning(R): The High Court is directed and controlled by the Supreme Court of India.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is False But R is True.
d) Both A and R is False.
Explanation
The High Courts are the highest courts at State level, but being part of integrated Indian judiciary they work under the superintendence, direction and control of the Supreme Court.
64. By which Amendment Act one or more states can share a common High Court?
a) 5th Amendment Act c) 7th Amendment Act
b) 42nd Amendment Act d) 44th Amendment Act
Explanation
The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorized the Parliament to establish a common high court for two or more states or for two or more state.
65. Which state has the smallest High Court in India?
a) Sikkim c) Goa
b) Allahabad d) Punjab
Explanation
The Sikkim High Court is the smallest High Court in India which was established in the year 1975.
66. Who decides the number of Judges in the High Court?
a) The President c) The Lok Sabha
b) The Population of the State d) The Indian Constitution by law
Explanation
The number of judges varies from State to State. The number of judges of each High Court is determined by the President.
67. Which of these High Courts were established by the British Parliament in 1862?
a) Bombay c) Calcutta
b) Madras d) All the above
Explanation
The High Court of Madras is the one of the three High Courts in India established in the three Presidency Towns of Bombay, Calcutta and Madras by letters patent granted by Queen Victoria, bearing date 26 June 1862.
68. According to Article 217 the appointment and conditions of the __________ is discussed in the Constitution.
a) The Speaker c) The High Court Judges
b) The Deputy Speaker d) The Attorney General of the State
Explanation
Article 216 of the Constitution of India provides that every High Court shall consists of a Chief Justice and such other judges as the President of India may from time to time deem it necessary to appoint.
69. By which of these Articles the High Court Judges can be transferred to another High Court?
a) Article 220 c) Article 221
b) Article 222 d) Article 226
Explanation
The Article 222 in Part VI of the Indian Constitution states that the President may after consulting with the Chief Justice of India can transfer a Judge from one High Court to another High Court.
70. Assertion (A): Article 32 in Part V empowers the Supreme Court to issue Writs for enforcing the Fundamental Right of a Citizen.
Reasoning(R): The Article 226 in Part VI provides the issue of writs for the High Court of a State.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is False But R is True.
d) Both A and R is False.
Explanation
Under Article 226 of the constitution, the High Courts are given powers of issuing writs not only for the enforcement of the Fundamental Rights, but also for other purposes. In exercise of this power, a Court may issue the same type of writs, orders or directions which the Supreme Court is empowered to issue under Article 32.
71. To who does the Mandamus is issued by the High Court of a State?
a) A Subordinate Court c) A government Officer
b) Any Institution d) All the above
Explanation
The writ of mandamus is issued to a subordinate court, an officer of government, or a corporation or other institution commanding the performance of certain acts or duties.
72. Choose the correct statements regarding the Superintendence power of the High Court.
i) Article 227 of the Constitution confers on every High court has the power to superintendence over all courts under its jurisdiction.
ii) It may settle the fees payable to the clerks, officers and legal practitioners of the military courts too.
a) i only c) both i and ii
b) ii only d) None of the above
Explanation
As per the Article 227, the High court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction except military courts or tribunals.
73. What does the Article 215 in Part VI implies?
a) High Courts for States c) High Courts to be court of record
b) Constitution of High Court d) Appointment of acting Chief Justice
Explanation
All the decisions and decrees issued by the High Court are printed and are kept as a record for future references by the Court as well as by the lawyers, is such a need arises. Thus as per the Article 215 it also acts as a Court of Record.
74. Assertion (A): The Judicial Review of the High Court is provided in the articles 226 and 227 of the Constitution.
Reasoning(R): The High Court can examine the constitutionality of the Central Government.
a) Both A and R is True and R is the correct explanation of A.
b) Both A and R is True and R is not the correct explanation of A.
c) A is False But R is True.
d) Both A and R is False.
Explanation
Judicial review is the power of a high court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. Though the phrase judicial review has nowhere been used in the Constitution, the provisions of Articles 226 and 227 explicitly confer the power of judicial review on a high court.
75. Which of this Amendments Act restored the Judicial Review status of the High Court?
a) 42nd Amendment Act c) 40th Amendment Act
b) 43rd Amendment Act d) 32nd Amendment Act
Explanation
The 42nd Amendment Act of 1976 curtailed the judicial review power of high court. It debarred the high courts from considering the constitutional validity of any central law. However, the 43rd Amendment Act of 1977 restored the original position.