A common High Court for two or more states can be established by
- A.a law passed by the Parliament
- B.an order of the Supreme Court of India
- C.an order of the President of India
- D.an amendment to the Constitution of India
Correct answer
Explanation
The correct answer is A, a law passed by the Parliament. Article 231 lets Parliament, by law, set up a common High Court for two or more States, or for two or more States and a Union Territory.
The original Constitution provided a High Court for each State. The 7th Amendment Act, 1956 added Article 231 to allow a common High Court. Examples are the Bombay High Court for Maharashtra, Goa, and Dadra and Nagar Haveli and Daman and Diu; the Gauhati High Court for Assam, Nagaland, Mizoram and Arunachal Pradesh; and the Punjab and Haryana High Court, which also serves Chandigarh.
B is wrong: the Supreme Court has no power to create or merge High Courts.
C is wrong: the President appoints High Court judges but cannot set up a common High Court by an order.
D is wrong: no constitutional amendment is needed; an ordinary law of Parliament is enough.
Exam tip: common High Court = Article 231, by a law of Parliament (added by the 7th Amendment, 1956).
Practice Questions
View allWhich one of the following is not a writ?
- A.Mandamus
- B.Habeas Corpus
- C.Certiorari
- D.Severability
Show answer
Explanation
The correct answer is D, Severability. Severability is a doctrine used by courts to interpret laws, not a writ.
Under Article 32 the Supreme Court, and under Article 226 the High Courts, can issue five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. The doctrine of severability comes from Article 13: when only part of a law violates a Fundamental Right, the courts strike down that part and keep the rest, provided the valid part can stand on its own.
A is not the answer: mandamus, meaning 'we command', orders a public official or body to perform a public duty.
B is not the answer: habeas corpus, meaning 'to have the body', requires a detained person to be produced before the court so that it can test whether the detention is lawful.
C is not the answer: certiorari, meaning 'to be certified', lets a higher court quash an order of a lower court or tribunal passed without jurisdiction.
Exam tip: the five writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto; severability comes from Article 13.
Under Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state if the person holds any office of profit under :
1. the Government of India.
2. any State Government.
Select the correct answer using the code given below:
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
Show answer
Explanation
The correct answer is C, Both 1 and 2. Article 191(1)(a) disqualifies a person who holds an office of profit under the Government of India or the Government of any State.
The only exception is an office that the State Legislature has declared by law not to disqualify its holder. The rule keeps legislators independent of the executive, which could otherwise influence them through paid posts. Article 102 lays down the same rule for members of Parliament. If a question arises whether a member of a State Legislature has become disqualified, the Governor decides it according to the opinion of the Election Commission (Article 192).
A is wrong: an office of profit under a State Government also disqualifies a person.
B is wrong: an office of profit under the Government of India also disqualifies a person.
D is wrong: Article 191 expressly names both governments.
Exam tip: office of profit is covered by Article 102 for Parliament and Article 191 for State Legislatures.
Which one of the following is a non-justiciable right?
- A.Right to adequate livelihood
- B.Right against exploitation
- C.Right of accused
- D.Right to life and personal liberty
Show answer
Explanation
The correct answer is A, Right to adequate livelihood. It comes from the Directive Principles of State Policy, which no court can enforce.
Article 39(a) asks the State to direct its policy towards securing that citizens, men and women equally, have the right to an adequate means of livelihood. Article 37 says the Directive Principles in Part IV are fundamental in the governance of the country but are not enforceable by any court, so they are non-justiciable. Fundamental Rights in Part III, by contrast, can be enforced through the Supreme Court under Article 32 and the High Courts under Article 226.
B is wrong: the right against exploitation (Articles 23 and 24) is a justiciable Fundamental Right.
C is wrong: the rights of an accused, such as the protections in Articles 20 and 22, are Fundamental Rights.
D is wrong: the right to life and personal liberty under Article 21 is enforceable and cannot be suspended even during an emergency.
Exam tip: Part III rights are justiciable; Part IV principles (Article 37) are not.
Under Article 371A of the Constitution of India, with respect to which of the following item(s) the Acts of the Parliament of India shall not apply to the State of Nagaland, unless the Legislative Assembly of the State of Nagaland by a resolution so decides ?
1. Religious or social practices of Nagas
2. Naga customary law and procedure
3. Ownership and transfer of land and its resources
4. Boundaries of Nagaland with other states
Select the answer using the code given below :
- A.1 only
- B.2 and 3 only
- C.1, 2 and 3 only
- D.1, 2, 3 and 4
Show answer
Explanation
The correct answer is C, 1, 2 and 3 only. Article 371A protects Naga religious and social practices, customary law and procedure, and land ownership, but says nothing about the State's boundaries.
Article 371A was inserted by the 13th Amendment Act, 1962, ahead of Nagaland becoming a State in 1963. Under it, no Act of Parliament on the religious or social practices of the Nagas, Naga customary law and procedure, civil and criminal justice decided according to Naga customary law, or ownership and transfer of land and its resources applies to Nagaland unless its Legislative Assembly so decides by a resolution. The Governor was also given a special responsibility for law and order.
A is wrong: it leaves out customary law and land, which the Article also protects.
B is wrong: it leaves out religious and social practices, the first item the Article names.
D is wrong: the boundaries of a State are altered by Parliament under Article 3, and Article 371A gives the Nagaland Assembly no such power.
Exam tip: 371A = Nagaland (customary law, land); 371G = Mizoram, with similar protections.
The Constitution (Seventy-third Amendment) Act provides for
- A.an elaborate system of establishing municipal self-government
- B.an elaborate system of establishing panchayats as units of self-government
- C.establishing a Commission for Linguistic Minorities
- D.the creation of the Jharkhand State
Show answer
Explanation
The correct answer is B, an elaborate system of establishing panchayats as units of self-government. The 73rd Amendment gave panchayats constitutional status.
The Constitution (Seventy-third Amendment) Act, 1992 came into force on 24 April 1993, the date now marked as National Panchayati Raj Day. It added Part IX (Articles 243 to 243-O) and the Eleventh Schedule, which lists 29 subjects for panchayats. It provides a three-tier system at the village, intermediate and district levels, a five-year term, reservation of seats for Scheduled Castes, Scheduled Tribes and women (not less than one-third), a State Election Commission and a State Finance Commission.
A is wrong: municipalities got constitutional status from the 74th Amendment Act, 1992, which added Part IX-A and the Twelfth Schedule.
C is wrong: the Special Officer for Linguistic Minorities (Article 350B) was provided by the 7th Amendment Act, 1956.
D is wrong: Jharkhand was created in 2000 by the Bihar Reorganisation Act, an ordinary law of Parliament.
Exam tip: 73rd = Panchayats, Part IX, 11th Schedule; 74th = Municipalities, Part IX-A, 12th Schedule.