Polity-Civics Test-4 - Defence MCQ

The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of a State law i.e. judicial review power of judiciary. This amendment is passed by the parliament in 1976. But this provision is deleted in 44th Amendment Act.

There are five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.

It denotes the ‘proactive’ role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society. It implies the ‘assertive’ role played by the judiciary to force the legislature and the executive to discharge their constitutional duties.

Article 137 enables the Supreme Court to review its own judgments, subject to the provisions of any law made by Parliament.

In Keshavananda Bharati’s case, the Supreme Court invoked this doctrine of basic structure. According to it the basic structure of the constitution cannot be altered even by amendments.

Article 164 clearly states that the council of ministers is collectively responsible to the Legislative Assembly of the state and it includes Chief Minister of State.

The Chief Minister is the head of the council of ministers, his resignation or death automatically dissolves the council of ministers.

Its maximum strength is fixed at 500 and minimum strength at 60. It means that its strength varies from 60 to 500 depending on the population size of the state.

The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed. It means that the size of the council depends on the size of the assembly of the concerned state.

The legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year. So, a member continues as such for six years.

The Chairman is elected by the council itself from amongst its members.

Indira Gandhi tops the chart of Indian Prime Minister's who imposed the most number of President's rule upon states. During her tenure as the Indian PM from 1966- 77, and 1980- 84, it was imposed for a total of fifty times.

Features Of Cabinet System In India-

I. There is a constitutional head of the Government.

II. The President acts only on advice given by the Council of Ministers, the responsibility for the President’s action is of the Council of Ministers.

III. In the cabinet system of government, an inner ring in the Council of Ministers, acts as the policy making part of the ministry.

Article 75 says only that the Prime Minister shall be appointed by the president. The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.

Article 75 says that the Prime Minister shall be appointed by the President.

The President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month and prime minister is the leader of majority in the parliament.

Prime Minister presides over the meeting of council of ministers and influences its decisions. Prime Minister stands at the head of the council of ministers, the other ministers cannot function when the Prime Minister resigns or dies.

Chairperson of NITI Aayog is not a member of National Human Right Commission.

The 44th amendment of the constitution took place in 1978 and article 359 was amended and it provided that article 20 &21 could not be suspended even during declaration of emergency.