UPSC Previous Year Questions (Prelims): Basic Structure of the Constitution | Indian Polity for UPSC CSE PDF Download

Q.1. Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?    (2021)
(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers

Correct Answer is Option (d)
In the liberal approach which is inherent in democracy, all forms of power are rooted in the will of the people. This approach enhances the rule of law as one of the basic foundations of democracy; it affirms the separation of powers as a vehicle for their restraint, and it promotes individuals’ rights and freedoms as a prerequisite for their dignity.

Q.2. A parliamentary system of government is one in which    (2020-I)
(a) All political parties in the parliament are represented in the government
(b) The government is responsible to the parliament and can be remove by it
(c) The government is elected by the people and can be removed by them
(d) The government is chosen by the parliament but cannot be removed by it before completion of a fixed term

Correct Answer is Option (b)
Article 75: The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence.
So, b is the right choice.

Q.3. Consider the following statements:    (2020-I)

1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the ‘citizens’ liberties and to preserve the ideals on which the constitution is based.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (b)

• Constitution of India does not define the term ‘basic structure’. It is a judicial tool that was invented by the Supreme Court of India in the Keshavananda Bharti vs State of Kerala (1973) landmark judgment.
• Even though, the Supreme Court invented the concept of Basic Structure in the aforementioned judgment, it did not define the same. However, it is only in the later judgments that the court has added various elements to the list of the basic structure of the Constitution.
• So, 1st statement is incorrect.
• Article 13 of the Indian Constitution deals with the ‘CONCEPT’ of Judicial Review however, it does not explicitly mentions the term judicial review. But assuming that question is asking in general sense, the answer should be “b”: Only 2nd statement correct.

Q.4. Consider the following statements:    (2019-I)

1. The motion to impeach a judge of the supreme court of India cannot be rejected by the speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the judges of the Supreme Court of India.
3. The details of the process of the impeachment of the judges of the Supreme Court of India are given in the judges (Inquiry) Act, 1968.
4. If the motion of the impeachment of a judge is taken up for voting, the law requires the motion to be backed by each house of the parliament and supported by a majority of total membership of that house and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?
(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4

Correct Answer is Option (c)
The Speaker/Chairman may admit the motion or refuse to admit motion for impeachment of SC Judges.

• The address to remove SC Judge must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). So #4 is right, answer is C.

Q.5. Under which schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (2019-I)
(a) Third Schedule
(b) Fifth Schedule
(c) Ninth Schedule
(d) Twelfth Schedule

Correct Answer is Option (b)
Fifth Schedule of the Constitution deals with the administration and control of scheduled areas. The Governor can make regulations to prohibit or restrict the transfer of land by or among members of the scheduled tribes. So, B is the right answer.

Q.6. With reference to the constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?     (2019-I)
(a) The decisions taken by the Election Commision of India while discharging its duties can not be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the parliament.
(c) In the event of grave financial crises in the country, the President of India can declare Financial Emergency without the counsel from the cabinet.
(d) State Legislatures can not make laws on certain matters without the concurrence of the Union legislature.

Correct Answer is Option (b)

• Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the Supreme Court.
• 142 is an Article between 124-147 so, closest match is B: related to Supreme Court.

Q.7. Consider the following statements:  (2018-I)

1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of Indi(a)
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.

Which of the statements given above is/are correct ?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (a)

• First statement is correct. the 1st Amendment to the constitution (1951) had inserted new Articles 31A and 31B and the Ninth Schedule, thus securing the constitutional validity of zamindari abolition laws by, among other things, specifying that they could not be challenged on the grounds that they violated the Fundamental Rights. Subsequent governments have added other progressive laws in the same, to give them immunity from litigation. Government add the acts in the 9th schedule, 'via parliament' so first statement is right. 
• In I.R. Coelho case(2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. So statement#2 is WRONG

Q.8. Which one of the following reflects the nicest, appropriate relationship between law and liberty?     (2018-I)
(a) If there are more laws, there is less liberty.
(b) If there are no laws, there is no liberty.
(c) If there is liberty, laws have to be made by the people.
(d) If laws are changed too often, liberty is in danger.

Correct Answer is Option (b)

• Concept of Negative Liberty: Historically speaking, the term liberty was initially defined as absence of all restraints on an individual. John Stuart Mill, the nineteenth century English political philosopher, described, "Restraint as an evil". Mill was especially worried about the restraints coming from the state and society. From this concept, we can infer A: if there are more laws, there is less liberty.
• Concept of Positive Liberty: Since individuals live together in a society, complete absence of restraints would be neither possible nor desirable. It has been very aptly said that your liberty to swing your arm ends there where my nose begins. For liberty to be enjoyed by everyone, it should have reasonable restraints. The freedom of many requires restraint of law on the freedom of some. Later liberals supported the positive liberty. From this concept, we can infer B: if there are no laws, there is no liberty.
• So, as such, both A and B (and even D) seem "appropriate", but question also asks which one reflects both "appropriate" and "nicest"- Option B is the nicest of them three.

Q.9. Which of the following are regarded as the main features of the "Rule of Law"?    (2018-I)

1. Limitation of powers
2. Equality before law
3. People's responsibility to the Government
4. Liberty and civil rights

Select the correct answer using the code given below:
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4

Correct Answer is Option (c)

• This idea of rule of law implies that all individuals - rich and poor, men or women, forward or backward castes - are subjected to the same law. So, #2 is right. (Equality before the law)
• The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual…and ensures that democracy does not give way to individual or group dictatorship. So, it also means #1 and #4 are right.
• Statement #3 is irrelevant, so by elimination we are left with Option (c)
  
  

Q.10. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the    (2016-I)
(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Correct Answer is Option (d)
If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be passed by the Rajya Sabha by a majority of not less than two-third of its members present and voting.

Q.11. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the    (2016-I)
(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Correct Answer is Option (d)
If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be passed by the Rajya Sabha by a majority of not less than two-third of its members present and voting.

Q.12. The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to    (2015-I)
(a) protect the interests of Scheduled Tribes
(b) determine the boundaries between States
(c) determine the powers, authority and responsibilities of Panchayats
(d) protect the interests of all the border States

Correct Answer is Option (a)
The Fifth Schedule of the Constitution of India deals with administration and control of scheduled areas and scheduled tribes in these areas. The Sixth Schedule to the Constitution of India contains provisions concerning the administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.

Q.13. Who/Which of the following is the custodian of the Constitution of India?     (2015-I)
(a) The President of India
(b) The Prime Minister of India
(c) The Lok Sabha Secretariat
(d) The Supreme court of India

Correct Answer is Option (d)
The Supreme Court of India is the apex court in India. As stated by the Indian Constitution, the function of the Supreme Court of India is that of the custodian of the Constitution.

Q.14. The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to    (2015-I)
(a) protect the interests of Scheduled Tribes
(b) determine the boundaries between States
(c) determine the powers, authority and responsibilities of Panchayats
(d) protect the interests of all the border States

Correct Answer is Option (a)
The Fifth Schedule of the Constitution of India deals with administration and control of scheduled areas and scheduled tribes in these areas. The Sixth Schedule to the Constitution of India contains provisions concerning the administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.

Q.15. Who/Which of the following is the custodian of the Constitution of India?     (2015-I)
(a) The President of India
(b) The Prime Minister of India
(c) The Lok Sabha Secretariat
(d) The Supreme court of India

Correct Answer is Option (d)
The Supreme Court of India is the apex court in India. As stated by the Indian Constitution, the function of the Supreme Court of India is that of the custodian of the Constitution.

Q.16. Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (2014 - I)
(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule

Correct Answer is Option (d)
The 52nd Amendment act of 1985, added 10th schedule to the Constitution. This is often referred to as anti-defection law.

Q.17. Which of the following bodies does not/do not find mention in the Constitution?    (2013 - I)

1. National Development Council
2. Planning Commission
3. Zonal Councils

Select the correct answer using the codes given below.
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

Correct Answer is Option (d)
National Development council is not a constitutional body. It is an extra-constitutional body. Planning Commission is a non-constitutional and non-statutory body. It was created by the Govt. of India in 1950 by a resolution. Zonal councils were set up under the states Re-Organization Act, 1956 (So it is not a constitutional body) to faster interstate co-operation and co-ordination among the states. Currently there are total five zonal councils viz Northern, Western, Eastern, Central and Southern.

Q.18. Consider the following statements:     (2013 - I)

1. National Development Council is an organ of the Planning Commission.
2. The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
3. The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Correct Answer is Option (b)

• Directive Principles of State Policy lays down that the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government. Planning for economic development and social justice is one such power given to village panchayats. There are 52 items in the concurrent list. Economic and social planning is placed under entry no. 20. Article -40 of the constitution of India has the provision for organisation of vilage panchayats Directive Principles of state policy lays down that the state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government.
• Accordingly village panchayats have been entrusted with the task of preparation of plans for economic development and social justice.
• The national development council includes members of the planning commission, but it is a separate body.

Q.19. Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India?    (2012 - I)
(a) To change the existing territory of a State and to change the name of a State
(b) To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
(c) To amend the election procedure of the President and to determine the pension of the President after his/her retirement
(d) To determine the functions of the Election Commission and to determine the number of Election Commissioners

Correct Answer is Option (b)
Rajyasabha can pass a resolution empowering the parliament to make laws in the state list and to create one or more All India Services. This is a special power that has been conferred on the Rajya Sabha by the constitution.

Q.20. According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which of the following?     (2012 - I)

1. The Recommendations of the Union Finance Commission
2. The Report of the Public Accounts Committee
3. The Report of the Comptroller and Auditor General
4. The Report of the National Commission for Scheduled Castes

Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 4 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4

Correct Answer is Option (c)
CAG gives three audit reports to president which are laid by the president before both the houses of the parliament. Subsequently the Public Accounts committee examines them and reports its findings to the parliament.

Q.21. Which Schedule of the Constitution of India contains: Special provisions for the administration and control of Scheduled Areas in several States? (2008)
(a) Third
(b) Fifth
(c) Seventh
(d) Ninth

Correct Answer is Option (b)
Fifth schedule relates to the control and administration of scheduled areas in states other than Tripura, Assam, Meghalaya and Mizoram. While Sixth Schedule deals with administration and control of tribal areas in the state of Assam, Meghalaya, Mizoram and Tripura.

Q.22. Which one of the following subjects is under the Union List in the Seventh Schedule of the Constitution of India ?   (2006)
(a) Regulation of labour and safety in mines and oilfields
(b) Agriculture
(c) Fisheries
(d) Public Health

Correct Answer is Option (a)
Agriculture (Entry 14), Fisheries (Entry 21), Public Health (Entry 6) are in the State List. Regulation of Labour and safety in mines and oil fields is in the Union list under Entry 55 (Art 246).

Q.23. Which one among the following commission was set up in pursuance of a definite provision under an Article of the Constitution of India?     (2006)
(a) University Grants Commission
(b) National Human Rights Commission
(c) Election Commission
(d) Central Vigilance Commission

Correct Answer is Option (c)
Superintendence, direction and control of elections to be vested in an Election Commission under Article 324.

Q.24. Consider the following statements: (2005)

1. Part IX of the Constitution of India provisions for Panchyats and was inserted by the Constitution (Amendment) Act, 1992.
2. Part IX A of the Constitution of India contains provisions for Municipalities and the Article 243 Q envisages two types of Municipalities a Municipal Council and a Municipal Corporation for every State.

Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (a)
73rd and 74th Constitutional Amendments were passed by Parliament in December, 1992. Through these amendments local self-governance was introduced in rural and urban India. The Acts came into force as the constitution (73rd Amendment) Act, 1992 on April 24, 1993 and the constitution (74th Amendment) Act, 1992 on June 1, 1993. These amendments added two new parts to the constitution, namely, 73rd Amendment added part IX titled "The Panchayats" and 74th Amendment added part IXA titled "The Municipalities". The Local bodies-'Panchayats' and 'Municipalities' came under Part IX and IXA of the Constitution after 43 years of India becoming a republic.

Q.25. Consider the following statements: (2005)

1. The Constitution of India has 20 parts.
2. There are 390 Articles in the Constitution of India in all.
3. Ninth, Tenth, Eleventh and Twelfth Schedules were added to the Constitution of India by the Constitution (Amendment) Acts.

Which of the statements given above is/are correct?
(a) 1 and 2
(b) 2 only
(c) 3 only
(d) 1, 2 and 3

Correct Answer is Option (c)
The Constitution of India has 24 parts, 12 schedules and more than 444 articles at present. In the original constitution, there were 22 parts, 8 schedules and 395 articles. Ninth Schedule was added by 1st Constitutional Amendment Act, 1951. Tenth Schedule was added by 52nd Constitutional Amendment Act, 1985. Eleventh Schedule was added by 73rd Constitutional Amendment Act, 1992. Twelfth Schedule was added by 74th Constitutional Amendment Act, 1992.

Q.26. Which one of the following statements correctly describes the Fourth Schedule of the Constitution of India? (2004)
(a) It contains the scheme of the distribution of powers between the Union and the States
(b) It contains the languages listed in the Constitution
(c) It contains the provisions regarding the administration of tribal areas
(d) It allocates seats in the Council of States

Correct Answer is Option (d)
Fourth schedule allocates seats in the Council of States i.e. Rajya Sabha (Upper House of Parliament).

Q.27. Which one of the following Articles of the Constitution of India says that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union?     (2004)
(a) Article 257
(b) Article 258
(c) Article 355
(d) Article 358

Correct Answer is Option (a)
Article 257 in the Constitution states that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. Article 258: Power of the Union to confer powers on the States in certain cases; Article 355: Duty of the Union to protect States against external aggression and internal disturbance; Article 358: Suspension of provisions of Article 19 during emergencies.

Q.28. Under which Article of the Indian Constitution did the President give his asset to the ordinance on electoral reforms when it was sent back to him by the Union Cabinet without making any changes (in the year 2002) ?     (2003)
(a) Article 121
(b) Article 122
(c) Article 123
(d) Article 124

Correct Answer is Option (c)
President can issue Ordinance under Article 123.

Q.29. Under which Article of the Indian Constitution did the President make a reference to the Supreme Court to seek the Court’s opinion on the Constitutional validity of the Election Commission’s decision on deferring the Gujarat Assembly Elections (in the year 2002) ?     (2003)
(a) Article 142
(b) Article 143
(c) Article 144
(d) Article 145

Correct Answer is Option (b)
Article 143 provides power to the President to consult the Supreme Court.

Q.30. Which one of the following Articles of the Indian Constitution provides that ‘It shall be the duty of the Union to protect every State against external aggression and internal disturbance’?   (2003)
(a) Article 215
(b) Article 275
(c) Article 325
(d) Article 355

Correct Answer is Option (d)
According Article 355, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

Q.31. Which one of the following schedules of the Indian Constitution lists the names of states and specifies their territories?     (2003)
(a) First
(b) Second
(c) Third
(d) Fourth

Correct Answer is Option (a)
The 'First Schedule' of the constitution deals with list of States and Union Territories.

Q.32. Which Article of the Constitution provides that it shall be the endeavour of every state to provide adequate facility for instruction in the mother tongue at the primary stage of education?   (2001)
(a) Article 349
(b) Article 350
(c) Article 350-A
(d) Article 351

Correct Answer is Option (c)
Article 350A was inserted by 7th Constitutional Amendment act 1956. It says, it shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mothertongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities. Article 349 – Special Procedure for enactment of certain laws relating to language; Article 350 – Language to be used in representations for redress of grievances; Article 351 – Directive for development of the Hindi language.

Q.33. Match List-I with List-II and select the correct answer using the codes given below the lists:     (2001)

(a) A-1, B-2, C-3, D-4
(b) A-1, B-2, C-4, D-5
(c) A-2, B-1, C-3, D-5
(d) A-2, B-1, C-4, D-3

Correct Answer is Option (a)

Q.34. The Constitution of India recognises:   (1999)
(a) only religious minorities
(b) only linguistic minorities
(c) religious and linguistic minorities
(d) religious, linguistic and ethnic minorities

Correct Answer is Option (c)
The Constitution of India recognizes religious and linguistic minorities under article 29 and 30 (Cultural and Educational rights). However it does not define the term Minority

Q.35. Consider the following statements:   (1999)
An amendment to the Constitution of India can be initiated by the:

1. Lok Sabha
2. Rajya Sabha
3. State Legislature
4. President

Which of the above statements is/are correct?
(a) Only 1
(b) 1, 2 and 3
(c) 2, 3 and 4
(d) 1 and 2

Correct Answer is Option (d)
An amendment to the Constitution of India can be initiated by either House of Parliament under article 368. It does not require the President's recommendation.

Q.36. Consider the following statements about the recent amendments to the elections law by the Representation of the People (Amendment) Act 1996:    (1999)

1. Any conviction for the offence of insulting the Indian National flag or the Constitution of Indian shall entail disqualification for contesting elections to Parliament and State Legislatures for six year from the date of conviction
2. There is an increase in the security deposit which a candidate has to make to contest the election to the Lok Sabha
3. A candidate cannot now stand for election from more than one Parliament Constituency
4. No election will now be countermanded on the death of a contesting candidate

Which of the above statements are correct?
(a) 2 and 3
(b) 1, 2 and 4
(c) 1 and 3
(d) 1, 2, 3 and 4

Correct Answer is Option (b)
Statement 3 is incorrect as a candidate shall not be allowed to contest from more than two constituencies, it also adds options 1 and 2.

Q.37. Which one of the following schedules of the Constitution of India contains provisions regarding anti-defection Act?    (1998)
(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule

Correct Answer is Option (d)
Tenth schedule was added by the 52nd Constitutional Amendment Act, 1985. It provides for anti-defection law.

Q.38. Which one of the following was not proposed by the 73rdConstitutional Amendment in the area of Panchayati Raj?   (1997)
(a) Thirty percent seats in all elected rural local bodies will be reserved for women candidates at all level
(b) The States will constitute their Finance Commissions to allocate resources to Panchayati Raj institutions
(c) The Panchayati Raj functionaries will be disqualified to hold their offices if they have more than two children
(d) The elections will be held in six months time if Panchayati Raj bodies are superceded or dissolved by the State government

Correct Answer is Option (c)
Statement given under option (c) is not mentioned in 73rd amendment act. But this norm is applied in Haryana, Rajasthan, MP, Odisha and Andhra Pradesh.

Q.39. Which of the following are/is stated in the Constitution of India?     (1997)

1. The President shall not be a member of either House of Parliament
2. The Parliament shall consist of the President and two Houses

Choose the correct answer from the codes given below:
(a) Neither 1 nor 2
(b) Both 1 and 2
(c) Only 1
(d) Only 2

Correct Answer is Option (b)
Statement 1 is correct as per provisions under Article 59. Statement 2 is correct as according to Article 79, Parliament shall consist of the President and two Houses.

Q.40.  Which of the following are matters on which a constitutional amendment is possible only with the ratification of the legislature of not less than one-half of the states?   (1995)

1. Election of the President
2. Representation of states in the Parliament
3. Lists in the 7th Schedule
4. Abolition of the Legislature Council in a State

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

Correct Answer is Option (a)
Parliament may by law provide for the abolition of the Legislative Council of a State having such a council or for the creation of such a council in a state having no such council, if the Legislative Assembly of the state passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

Q.41. Article 156 of the Constitution of India provides that a Governor shall hold office for a term of five year from the date on which he enters upon his office. Which of the following can be deduced from this?   (1995)

1. No Governor can be removed from office till completion of his term
2. No Governor can continue in office beyond five years

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option  (d)
According to Article 156, the Governor shall hold office during the pleasure of the President, the Governor may, by writing under his hand addressed to the President, resign his office. Subject to the foregoing provisions of this article, a Governor shall hold for a term of five years from the date on which he enters upon his office. Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.