2019

Statement 1 is correct: Article 176(1) of the Indian Constitution mandates that the Governor shall address both Houses of the State Legislature at the commencement of the first session after each general election to the State Assembly and at the commencement of the first session of each year. The Governor's address outlines the government's policies, legislative agenda, and key priorities. This address is similar to the President's address to Parliament under Article 87.

Statement 2 is correct: When there is no rule on a particular subject in the State Legislature, under a convention since colonial times, state legislatures follow the rules of the Lok Sabha.

Article 142 of the Constitution grants the Supreme Court the plenary power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it. This power is unique because it is not subject to limitations or prohibitions contained in ordinary laws (statutes) enacted by Parliament. The Supreme Court has held (e.g., in the *Union Carbide* case) that while this power cannot be used to bypass express constitutional provisions, it is not restricted by statutory provisions.

Why other options are incorrect: - Option A: Article 329 places certain restrictions on court interference in electoral matters (like delimitation), but it does not grant the Election Commission absolute immunity from judicial review, nor does it relate to Article 142. - Option C: Under Article 74, the President must act on the 'aid and advice' of the Council of Ministers. This requirement applies to the declaration of a Financial Emergency under Article 360; the President cannot act independently. - Option D: This describes the federal distribution of legislative powers under Articles 245 to 254 and the Seventh Schedule, which governs the relationship between the Union and State legislatures, not the judicial powers of the Supreme Court.

The Sarkaria Commission was established by the Government of India in 1983 to review Centre-State relations and recommend improvements. One of its key areas of focus was the appointment of Governors.

Recommendations on the Appointment of Governor: - The Governor should be an eminent person with a distinguished record in public life. - The person must be from outside the State to ensure impartiality in administration. - The Governor should not have participated in active politics for some time prior to the appointment. - He should be a detached figure, not closely linked to local politics, to maintain neutrality. - The appointment process should involve wider consultation, including the Chief Minister of the State, the Vice President of India, and the Speaker of the Lok Sabha.

These recommendations were aimed at ensuring that the Governor functions as an independent and neutral constitutional authority, rather than a political appointee of the ruling party at the Centre.

* Liberty is a fundamental concept in political philosophy and governance, ensuring that individuals have the freedom to act, think, and express themselves without undue restrictions while maintaining societal order. However, liberty does not mean absolute freedom but rather a balanced framework that allows personal development within the limits of law and respect for others' rights.

* Protection against tyranny: While democratic institutions and laws protect individuals from oppression, liberty is not just about protection from tyranny; it also involves active freedom to pursue one's potential.

* Absence of restraint: Absolute freedom can lead to anarchy and the violation of others' rights. Laws and regulations ensure that individual liberties do not infringe on the rights of others.

* Opportunity to do whatever one likes: True liberty is not unrestricted freedom but freedom within legal and moral constraints. If everyone had complete freedom, conflicts would arise due to overlapping interests and lack of accountability.

* Opportunity to develop oneself fully: This definition captures the essence of liberty in a polity. It implies the freedom to make choices, pursue goals, and express oneself without undue restrictions. This allows individuals to reach their full potential and contribute to society.

Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution.

Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.

The Fifth Schedule of the Indian Constitution deals with the administration and governance of Scheduled Areas, which are regions with a significant tribal population. It aims to safeguard the rights, culture, and land of tribal communities while preventing their exploitation.

Under this Schedule, the Governor of a state with Scheduled Areas has special powers, including the authority to: - Declare any law related to the transfer of tribal land as null and void if it is found to violate the interests of the tribal population. - Prohibit or regulate the transfer of tribal land to non-tribals, ensuring that tribal communities retain control over their ancestral land and resources.

These provisions act as a protective mechanism, preventing tribal communities from being forced or manipulated into selling their land for activities like mining, industries, or large-scale projects without adequate safeguards.

Statement 1 is Correct: The Parliament (Prevention of Disqualification) Act, 1959 was enacted to specify certain offices of profit under the Government that do not disqualify their holders from being Members of Parliament (MPs). It lists several categories of posts, such as Ministers of State and Deputy Ministers, which are exempt from the disqualification criteria mentioned in Article 102(1)(a).

Statement 2 is Correct: The Act has been amended five times since its enactment to expand the list of exempted offices. These amendments took place in 1960, 1993, 1999, 2000, and 2006.

Statement 3 is Incorrect: The term 'Office of Profit' is mentioned in Article 102 (for MPs) and Article 191 (for MLAs) of the Constitution, but it is not defined in the Constitution of India or the Representation of the People Act, 1951. The definition and criteria for an 'Office of Profit' have evolved through various judicial interpretations and Supreme Court judgments.

Statement 1 is incorrect: The Judges (Inquiry) Act, 1968, explicitly gives the Speaker of the Lok Sabha (or the Chairman of the Rajya Sabha) the discretion to either admit or refuse to admit a motion for the removal of a judge. If the motion is not in order or is deemed frivolous, the Speaker can reject it at the initial stage itself. This power was notably exercised by the Chairman of the Rajya Sabha in 2018 when he rejected an impeachment motion against the then Chief Justice of India.

Statement 2 is incorrect: The terms "incapacity" and "proven misbehaviour", which are grounds for the removal of a judge under Article 124(4) of the Constitution, are not explicitly defined in the Constitution. Their interpretation has evolved through judicial pronouncements and parliamentary discussions.

Statement 3 is correct: The constitutional provisions related to the removal of judges are found in Articles 124(4), 124(5), 217, and 218. Additionally, the process is governed by the Judges (Inquiry) Act, 1968, which outlines the procedural framework for investigating misconduct and incapacity.

Statement 4 is correct: As per Article 124(4) of the Constitution, for a motion seeking the removal of a Supreme Court or High Court judge to proceed, it must be passed by: - A majority of the total membership of the House, and - A majority of not less than two-thirds of the members present and voting.

Statement 1 is Incorrect: The 44th Amendment actually aimed to reverse the provision introduced by the 39th Amendment, which had placed the elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review. The 44th Amendment restored the power of judicial review for these elections.

Statement 2 is Correct: The Supreme Court of India struck down the 99th Constitutional Amendment Act, 2014, in 2015 in the case of Supreme Court Advocates-on-Record Association v. Union of India. This amendment sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts. The Court held that the NJAC undermined judicial independence, a part of the basic structure doctrine, and was therefore unconstitutional.

The Ninth Schedule was introduced by the First Constitutional Amendment Act, 1951 to protect certain laws, particularly those related to land reforms, from judicial review.


Prime Minister Jawaharlal Nehru introduced the Constitution (First Amendment) Bill in the Lok Sabha in 1951. This amendment aimed to safeguard progressive socio-economic legislation from being struck down by courts on the grounds of violating fundamental rights, particularly the right to property under Article 31 (which was later repealed by the 44th Amendment in 1978).