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Question 1 of 5
1. Question
With reference to the procedure for the amendment of the Constitution as laid down in Article 368, consider the following statements.
- An amendment of the Constitution can be initiated in either House of Parliament or the State Legislatures.
- The bill can be introduced only by a minister and not by a private member.
- Prior permission of the president is required for the introduction of the bill.
Which of the above statements is/are incorrect?
Correct
Solution: c)
The procedure for the amendment of the Constitution is laid down in Article 368:
- An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
- The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
- The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
- Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
- If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
- After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
- The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
- After the president’s assent, the bill becomes an Act.
Incorrect
Solution: c)
The procedure for the amendment of the Constitution is laid down in Article 368:
- An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
- The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
- The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
- Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
- If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
- After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
- The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
- After the president’s assent, the bill becomes an Act.
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Question 2 of 5
2. Question
Consider the following statements.
- In S.R. Bommai v. Union of India case, the Supreme Court held that secularism is part of the basic structure of our constitution.
- The Constitution of India prevent the State either identifying itself with or favouring any particular religion or religious sect or denomination.
Which of the above statements is/are correct?
Correct
Solution: c)
In S.R. Bommai v. Union of India (1994), the Supreme Court held that secularism is part of the basic structure of our constitution. The Court said: “The provisions in the Constitution prohibit the establishment of a theocratic State and prevent the State either identifying itself with or favouring any particular religion or religious sect or denomination. The State is enjoined to accord equal treatment to all religions and religious sects and denominations.”
Incorrect
Solution: c)
In S.R. Bommai v. Union of India (1994), the Supreme Court held that secularism is part of the basic structure of our constitution. The Court said: “The provisions in the Constitution prohibit the establishment of a theocratic State and prevent the State either identifying itself with or favouring any particular religion or religious sect or denomination. The State is enjoined to accord equal treatment to all religions and religious sects and denominations.”
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Question 3 of 5
3. Question
Consider the following statements regarding President’s Rule.
- When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.
- The President either suspends or dissolves the state legislative assembly.
- The Parliament passes the state legislative bills and the state budget.
Which of the above statements is/are correct?
Correct
Solution: d)
When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.
The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
This is the reason why a proclamation under Article 356 is popularly known as the imposition of ‘President’s Rule’ in a state. Further, the President either suspends or dissolves the state legislative assembly.
The Parliament then passes the state legislative bills and the state budget.
Incorrect
Solution: d)
When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.
The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
This is the reason why a proclamation under Article 356 is popularly known as the imposition of ‘President’s Rule’ in a state. Further, the President either suspends or dissolves the state legislative assembly.
The Parliament then passes the state legislative bills and the state budget.
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Question 4 of 5
4. Question
Consider the following statements regarding State emergency.
- The imposition of the President’s rule is approved by the president and does not require the sanction of the Parliament.
- It can be revoked any time by the President, without the approval of Parliament.
- President’s rule was imposed on all the states in India except Telangana.
Which of the above statements is/are correct?
Correct
Solution: a)
A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue.
However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.
President’s rule can be revoked at any time by the President and does not need Parliament’s approval.
Chhattisgarh and Telangana are the only states where the president’s rule has not been imposed so far.
Incorrect
Solution: a)
A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue.
However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.
President’s rule can be revoked at any time by the President and does not need Parliament’s approval.
Chhattisgarh and Telangana are the only states where the president’s rule has not been imposed so far.
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Question 5 of 5
5. Question
Consider the following statements.
- National emergency can be declared even if security of India is not in threat, but there is a case of imminent danger.
- The operation of National Emergency always applies to the whole of Indian Territory.
Which of the above statements is/are correct?
Correct
Solution: a)
Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.
Incorrect
Solution: a)
Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.
