Unit II · Topic 2Union and State executive and their interrelationship – Previous Year Questions

3. Which one of the following privileges is guaranteed to the President of India under Article 361 of the Constitution?

1. (a)Not to participate in Parliamentary proceedings
2. (b)He is answerable to the Chief Justice of India
3. (c)He is not to be answerable to any Court during his term✓
4. (d)Can address both Houses of Parliament during a joint session

5. Who has the power to dissolve the House of the People (Lok Sabha)?

1. (a)The Council of Ministers
2. (b)The Prime Minister
3. (c)The Speaker of the Lok Sabha
4. (d)The President✓

5. The satisfaction of the President means the satisfaction of the Council of Ministers and not his personal satisfaction, held in:

1. (a)Samsher Singh v. State of Punjab✓
2. (b)U.N. Roy v. Indira Gandhi
3. (c)Ram Jawaya Kapoor v. State of Punjab
4. (d)Sardar Lal v. Union Government

4. The Supreme Court held that Election Commissioners cannot be treated on par with the Chief Election Commissioner in:

1. (a)S.S. Dhanoa v. Union of India✓
2. (b)T.N. Seshan v. Union of India
3. (c)A.C. Jose v. Sivan Pillai
4. (d)Venkatachalam v. A. Swamichan

5. Which of the following is considered the authority of power in India?

1. (a)The Constitution of India✓
2. (b)The President of India
3. (c)The Parliament of India
4. (d)The Supreme Court of India

5. The power of the President of India to issue an ordinance is a —

1. (a)Legislative power✓
2. (b)Executive power
3. (c)Quasi-judicial power
4. (d)Judicial power

6. Read the Assertion (A) and Reason (R) and choose the correct answer:

Assertion (A): The Council of Ministers is the hub of the Parliamentary form of Government.

Reason (R): The Government is formed from the majority party.

1. (a)Both (A) and (R) are true but (R) is not the correct explanation of (A)✓
2. (b)Both (A) and (R) are true and (R) is the correct explanation of (A)
3. (c)(A) is true, (R) is false
4. (d)(A) is false, (R) is true

Q10. Under which Article of the Constitution is the President empowered to grant pardon?

1. (a)Article 72✓
2. (b)Article 74
3. (c)Article 76
4. (d)Article 78

Q16. Assertion (A): The Indian Constitution provides for a parliamentary form of government.

Reason (R): The President of India is directly elected by the people.

1. (a)Both A and R are true, and R is the correct explanation
2. (b)Both A and R are true, but R is not the correct explanation
3. (c)A is true, but R is false✓
4. (d)A is false, but R is true

5. Match the following landmark cases with the related legal principles using the correct code:

A. Executive power must conform to the Constitution

B. Executive power is residual where there is no legislative or judicial power

C. Executive action can exist without legislative backing

D. The President is not bound to hear a petitioner before rejecting a mercy petition

Options:

1. (a)A – 4, B – 1, C – 2, D – 3✓
2. (b)A – 1, B – 4, C – 2, D – 3
3. (c)A – 4, B – 1, C – 3, D – 2
4. (d)A – 2, B – 3, C – 1, D – 4

7. Which constitutional amendment introduced the provision that the total number of ministers, including the Prime Minister, shall not exceed 15% of the strength of the Lok Sabha?

1. (a)91st Amendment✓
2. (b)92nd Amendment
3. (c)93rd Amendment
4. (d)95th Amendment

6. If the Government is defeated on the floor of the Rajya Sabha, what is the consequence?

1. (a)Parliament is dissolved
2. (b)Prime Minister has to submit his resignation
3. (c)President’s rule is imposed
4. (d)Nothing happens✓

11. Match the following cases (List I) with the corresponding legal doctrines (List II):

List I:

A. Ram Jawaya Kapur v. State of Punjab

B. Maneka Gandhi v. Union of India

C. Vineet Narain v. Union of India

D. Union of India v. Hindustan Development Corporation

List II:

Doctrine of post-decisional hearing

Doctrine of public accountability

Doctrine of separation of powers

Doctrine of legitimate expectation

Codes:

1. (a)A–3, B–1, C–2, D–4✓
2. (b)A–4, B–2, C–1, D–3
3. (c)A–1, B–4, C–3, D–2
4. (d)A–1, B–2, C–3, D–4

3. Match the following:

A. S.R. Chaudhuri v. State of Punjab – 4. Non-member cannot be reappointed as minister if not elected within six months

B. Murali S. Devra v. Union of India – 1. Ban on smoking at public places

C. Food Corporation of India v. Bharatiya Khadya Nigam Karmachari Sangh – 2. Two extra increments to employees for higher qualification

D. Javed v. State of Haryana – 3. Disqualification on basis of number of children for panchayat election

1. (a)4 1 2 3✓
2. (b)4 2 1 3
3. (c)2 3 1 4
4. (d)3 2 4 1

6. In which of the following cases did Justice Pasayat hold that a pardon obtained on the basis of a manifest mistake or fraud can be rescinded?

1. (a)G. Krishna Goud v. State of Andhra Pradesh
2. (b)Maru Ram v. Union of India
3. (c)Epuru Sudhakar v. Government of Andhra Pradesh✓
4. (d)Kehar Singh v. Union of India

According to the convention of Parliamentary Democracy, the Prime Minister must be from the House of the People.

Article 83 of the Constitution deals with the duration of the Houses of Parliament.

1. (a)1, 2 and 3 are correct
2. (b)1, 3 and 4 are correct
3. (c)2, 3 and 4 are correct
4. (d)1, 2, 3 and 4 are all correct✓

5. Which of the following statements are correct regarding the office of the Governor?

Executive action taken in the name of the Governor is the executive action of the State.

The Governor cannot be held personally answerable for any portion of the address to the joint session.

The Governor is bound to exercise all his powers and functions on the aid and advice of the Council of Ministers.

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

1. (a)1, 2 and 4✓
2. (b)1, 3 and 4
3. (c)2, 3 and 4
4. (d)1, 2 and 3

6. Justice Mukherjee, speaking for the court, stated that although the executive power is vested in the President, he is only a formal head, and real power lies with the Council of Ministers. This was held in which case?

1. (a)U.N.R. Rao v. Indira Gandhi
2. (b)Ram Jawaya Kapur v. State of Punjab✓
3. (c)Jayantilal Amratlal Shodhan v. F.N. Rao
4. (d)Sardarilal v. Union of India

4. Assertion (A): No person is eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

Reason (R): The Governor is debarred from holding any other office of profit during his term of office.

1. (a)Both A and R are true, and R is the correct explanation of A
2. (b)Both A and R are true, but R is not the correct explanation of A✓
3. (c)A is true, but R is false
4. (d)A is false, but R is true

4. Which of the following statements is/are incorrect?

The election of the President shall be held in accordance with the system of proportional representation by means of single non-transferable vote.

The President may resign by writing under his hand addressed to the Chief Justice of India.

No resolution to remove the Vice-President shall be moved unless at least thirty days notice has been given.

The Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

1. (a)1, 2, 3 and 4 are incorrect
2. (b)1, 2 and 3 are incorrect✓
3. (c)Only 1 and 2 are incorrect
4. (d)Only 1 is incorrect

5. Match List-I with List-II and select the correct code:

A. K.M. Nanavati v. State of Bombay – 2. Power to pardon

B. Ram Prasad v. State of U.P. – 3. Fundamental Duties

C. Lily Thomas v. Union of India – 4. Disqualification of members

D. Dr. P. Nallar Thampy Terah v. Union of India – 1. Right to life

7. In which case did the Supreme Court rule that placing an ordinance before the legislature is mandatory, and repeated promulgation is a fraud on the Constitution?

1. (a)Krishna Kumar Singh v. State of Bihar✓
2. (b)R.K. Garg v. Union of India
3. (c)Maru Ram v. Union of India
4. (d)K.M. Nanavati v. State of Bombay

9. Assertion (A): The Council of Ministers holds office during the pleasure of the President of India.

Reason (R): The President of India can dismiss Ministers at his discretion.

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false✓
4. (d)(A) is false, but (R) is true

2. In which case did the Supreme Court rule that a Governor cannot exercise the power of sentence suspension under Article 213 during the period when the Supreme Court is seized of the case. The order of the Governor could only operate until the matter became subjudice in the Supreme Court and it becomes so on the filing of the petition for special leave to appeal?

1. (a)Satpal Dang v. State of Punjab
2. (b)D.C. Wadhwa v. State of Bihar✓
3. (c)K.M. Nanavati v. State of Bombay
4. (d)A.K. Roy v. Union of India

7. In which case did Chief Justice Sikri observe:

"Nobody can be above the institution which he is supposed to serve. He is merely the creature of the institution, he can exist only if the institution exists. To protect the individual as mighter than the Constitution would be grave injustice."

1. (a)S.S. Dhanoa v. Union of India
2. (b)T.N. Seshan v. Union of India
3. (c)Presidential Reference (2000)
4. (d)A.C. Jose v. Sivan Pillai✓

11. Match List I with List II regarding Articles of the Constitution:

Choose the correct option:

1. (a)2 1 4 3
2. (b)2 4 1 3✓
3. (c)3 4 1 2
4. (d)4 3 2 1

1. In which case did the Supreme Court hold that the pardoning powers of the President under Article 72 and the Governors under Article 161 are subject to judicial review?

1. (a)Satya Narain Sharma v. State of Rajasthan
2. (b)Vineet Narain v. Union of India
3. (c)Epuru Sudhakar v. State of Andhra Pradesh✓
4. (d)Chhotey Lal v. State of U.P.

7. Article 72 of the Indian Constitution makes a provision for:

1. (a)Discharge of the President's functions in other contingencies
2. (b)Power of President to grant pardons, suspend, remit or commute sentences✓
3. (c)Extent of executive power of the Union
4. (d)Council of Ministers to aid and advise the President

1. What happens when the Vice President of India’s term expires?

1. (a)Vacates his office
2. (b)Gets a mandatory extension of 2 months
3. (c)Continues to hold office until successor enters upon office✓
4. (d)Elects his successor before relinquishing office

4. Which of the following statements are true under the Constitution of India?

(1) Article 61 deals with impeachment of the President.

(2) Article 142 provides that law declared by Supreme Court shall be binding on all courts.

(3) Article 122 provides that courts shall not inquire into proceedings of Parliament.

(4) Article 163 deals with extent of executive power of State.

Options:

1. (a)1, 2 and 3
2. (b)2 and 3
3. (c)1 and 3✓
4. (d)1, 3 and 4

1. Assertion (A): The President of India is a mere constitutional head.

Reason (R): In the parliamentary form of government, the Prime Minister is the head of government.

Choose the correct answer:

1. (a)Both A and R are true, and R is the correct explanation of A✓
2. (b)Both A and R are true, but R is not the correct explanation of A
3. (c)A is true but R is false
4. (d)A is false but R is true

7.

Statement I: It is the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.

Statement II: It is also the duty of the Prime Minister to furnish such information relating to the administration and legislative proposals as the President may call for.

15. Choose the correct statements:

(A) Courts cannot review the question of "aid and advice" given by Council of Ministers to the President.

(B) The question of "aid and advice" by the Council of Ministers is a justiciable issue.

(C) Article 14 cannot be invoked against discrimination made by constitutional provisions.

(D) The question of "aid and advice" by the Council of Ministers is a non-justiciable issue.

(E) Article 14 can be invoked against discrimination made by constitutional provisions.

9. Under what circumstances can a Governor exercise discretion under Article 163?

(A) Appointment of Chief Minister

(B) Dismissal of ministry or dissolution of Assembly

(C) Submitting report to the President under Article 356

(D) Appointment of High Court Judges

Options:

1. (a)(A), (B), (C) only✓
2. (b)(B), (C), (D) only
3. (c)(D), (C), (A) only
4. (d)(D), (A), (B) only

Which of the following is not true in the context of powers of the President under the Indian Constitution?

1. (a)A. The President is the Supreme Commander of the Defence Forces of the country✓

B. All treaties and international agreements are negotiated and concluded in the name of the President though subject to ratification by the Parliament

C. President has power to summon and prorogue the Parliament and can dissolve the Lok Sabha

D. President is empowered to promulgate ordinances during recess of Parliament under Article 213 of the Indian Constitution

Choose the correct answer from the options given below

1. (a)D Only✓
2. (b)B, C Only
3. (c)C Only
4. (d)A, B

Which Article of the Constitution of India provides that "Government of India can be sued in the name of Union of India and State Government may be sued in the name of State"?

1. (a)Art. 300 (1)✓
2. (b)Art. 270
3. (c)Art. 1
4. (d)Art. 110