Match List-A with List-B and identify the correct answer from the codes given below: List-A (Case) A. Indira Gandhi vs Raj Narain B. Minerva Mills vs Union of India C. Kihoto Hollohan vs Zachillhu D. P. Sambamurthy vs State of A.P. List-B (Amendment challenged) i. 42nd Amendment ii. 52nd Amendment iii. 39th Amendment iv. 32nd Amendment
- A.A-i, B-iii, C-iv, D-ii
- B.A-ii, B-iii, C-i, D-iv
- C.A-iv, B-ii, C-iii, D-i
- D.A-iii, B-i, C-ii, D-iv
Correct answer
D. A-iii, B-i, C-ii, D-iv
Explanation
The correct answer is D, A-iii, B-i, C-ii, D-iv. Each case tested an amendment against the basic structure of the Constitution. In Indira Gandhi vs Raj Narain (1975), the Supreme Court struck down the part of the 39th Amendment that put the Prime Minister's election beyond the courts, holding free and fair elections to be part of the basic structure. In Minerva Mills (1980), it struck down clauses of the 42nd Amendment that gave Parliament unlimited power to amend and let all Directive Principles override the rights in Articles 14 and 19. In Kihoto Hollohan (1992), it upheld the anti-defection law brought by the 52nd Amendment but kept the Speaker's decision open to judicial review. In P. Sambamurthy (1987), it struck down a clause of Article 371D, added by the 32nd Amendment, that let the state government overrule a tribunal. Option A is wrong because it links Raj Narain with the 42nd Amendment. Option B is wrong because it pairs Minerva Mills with the 52nd. Option C is wrong because it pairs Raj Narain with the 32nd. Exam tip: 39th–Raj Narain, 42nd–Minerva, 52nd–Kihoto, 32nd–Sambamurthy.
Practice Questions
View allAny dispute between the Government of India and one or more States or between the Government of India and any State or States comes under _______ jurisdiction of the Supreme Court of India.
- A.Advisory
- B.Appellate
- C.Exclusive Original
- D.Writ
Show answer
Correct answer: C. Exclusive Original
Explanation
The correct answer is C, Exclusive Original. Under Article 131, disputes between the Government of India and one or more States, or between States, can be heard only by the Supreme Court and by no other court. Such a case starts directly in the Supreme Court, which is why this is called original jurisdiction, and because no High Court can hear it, it is exclusive. The dispute must involve a legal right, not just a political quarrel. Option A is wrong because advisory jurisdiction under Article 143 is the President seeking the Court's opinion on a question of law or fact. Option B is wrong because appellate jurisdiction, under Articles 132 to 134, covers appeals against the judgments of High Courts. Option D is wrong because writ jurisdiction under Article 32 protects Fundamental Rights, and the High Courts share that power under Article 226. Exam tip: Article 131 original, Articles 132–134 appellate, Article 143 advisory, Article 32 writs.
The 97th Constitutional Amendment Act of 2011 has added a new Directive Principle of State Policy related to:
- A.Maternity Leave
- B.Child Labour
- C.Environment
- D.Cooperative Societies
Show answer
Correct answer: D. Cooperative Societies
Explanation
The correct answer is D, Cooperative Societies. The 97th Constitutional Amendment Act, 2011 added Article 43B, a new Directive Principle asking the State to promote the voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies. The same amendment made forming cooperative societies a Fundamental Right by adding these words to Article 19(1)(c), next to associations and unions. It came into force in February 2012. Option A is wrong because maternity relief was already part of the original Directive Principles in Article 42, which speaks of just and humane conditions of work. Option B is wrong because child labour is dealt with by Article 24, a Fundamental Right, and by Article 39; it was not the subject of the 97th Amendment. Option C is wrong because protection of the environment, Article 48A, was added much earlier by the 42nd Amendment of 1976. Exam tip: the 97th Amendment of 2011 put cooperatives in Article 19(1)(c) and Article 43B.
Under which of the following writs in the Indian Constitution, the court orders a lower court or any other authority to transfer a case pending before it to a higher authority or court?
- A.Prohibition
- B.Mandamus
- C.Quo warranto
- D.Certiorari
Show answer
Correct answer: D. Certiorari
Explanation
The correct answer is D, Certiorari. Certiorari means 'to be certified' or 'to be informed'. By this writ a higher court orders a lower court or tribunal to send up a case pending before it, or quashes an order it has already passed, when there is lack of jurisdiction, excess of jurisdiction or an error of law. The Supreme Court issues writs under Article 32 and the High Courts under Article 226. Prohibition and certiorari look alike, so note the timing: prohibition stops a case while it is still going on, while certiorari can also cancel a decision already made. Option A is wrong because prohibition only forbids a lower court from going beyond its jurisdiction; it does not transfer the case. Option B is wrong because mandamus, 'we command', orders a public official or body to do a duty it has failed to do. Option C is wrong because quo warranto, 'by what authority', asks a person to show his right to hold a public office. Exam tip: Certiorari = send up or quash; Prohibition = stop; Mandamus = do your duty.
______ of the Indian Constitution deals with the administration of Union Territories.
- A.Article 235
- B.Article 239
- C.Article 233
- D.Article 234
Show answer
Correct answer: B. Article 239
Explanation
The correct answer is B, Article 239. Article 239 says every Union Territory is administered by the President, acting through an administrator appointed by him with such designation as he thinks fit. That is why some Union Territories, such as Delhi, Ladakh and the Andaman and Nicobar Islands, have a Lieutenant Governor, while others have an Administrator. Article 239 opens Part VIII of the Constitution, which deals with Union Territories. Articles 239A and 239AA, added later, give legislatures to Puducherry and Delhi. Option A is wrong because Article 235 gives the High Court control over subordinate courts. Option C is wrong because Article 233 deals with the appointment of district judges by the Governor in consultation with the High Court. Option D is wrong because Article 234 deals with recruiting persons other than district judges to the judicial service of a state. Exam tip: Part VIII covers Union Territories in Articles 239 to 241, and Article 239AA is the special article for Delhi.
The Chief Minister of Delhi is appointed by the __________.
- A.Governor
- B.Lieutenant Governor
- C.Prime Minister
- D.President of India
Show answer
Correct answer: D. President of India
Explanation
The correct answer is D, President of India. Article 239AA(5) of the Constitution says the Chief Minister of Delhi shall be appointed by the President. The other ministers are also appointed by the President, on the advice of the Chief Minister, and they hold office during the pleasure of the President. This is the key difference from a state, where the Governor appoints the Chief Minister under Article 164. Article 239AA was added by the 69th Amendment Act, 1991, which gave Delhi a Legislative Assembly and named it the National Capital Territory. The Council of Ministers in Delhi cannot be larger than 10% of the Assembly's total strength. Option A is wrong because Delhi, being a Union Territory, has no Governor. Option B is wrong because the Lieutenant Governor is the administrator and administers the oath, but does not make the appointment. Option C is wrong because the Prime Minister has no constitutional role in appointing a Chief Minister. Exam tip: a state's Chief Minister is appointed by the Governor (Article 164); Delhi's by the President (Article 239AA).