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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Judicial review of orders by the president and governor - Part II - Judiciary Exams MCQ

Test: Judicial review of orders by the president and governor - Part II - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Judicial review of orders by the president and governor - Part II

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Test: Judicial review of orders by the president and governor - Part II - Question 1
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What is the key factor that Justice Chandrachud emphasized regarding the satisfaction of the President or Governor in promulgating an ordinance?

Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 1
Justice Chandrachud stressed that the satisfaction of the President or Governor in promulgating an ordinance should be devoid of ulterior motives. This underscores the importance of ensuring that decisions to issue ordinances are based on relevant material and genuine necessity rather than influenced by improper intentions.
Test: Judicial review of orders by the president and governor - Part II - Question 2
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According to the case of Gurudevdatta VKSSS Maryadit v. State of Maharashtra (2001), under what condition can the validity of an ordinance not be challenged?

Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 2
The ruling in the case of Gurudevdatta VKSSS Maryadit v. State of Maharashtra (2001) establishes that unless an ordinance breaches constitutional safeguards, its validity cannot be questioned. This highlights the significance of ensuring that ordinances comply with constitutional provisions to maintain their legal standing.
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Test: Judicial review of orders by the president and governor - Part II - Question 3
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Why does the Court periodically review the imposition of the President's rule when challenged?

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The Court reviews the imposition of the President's rule when challenged to ensure compliance with constitutional provisions. This oversight is crucial in upholding the principles of constitutional governance and safeguarding the balance of power between the executive and judicial branches.
Test: Judicial review of orders by the president and governor - Part II - Question 4
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What was the key recommendation made by the Court in the case of Maru Ram v. Union of India (1980)?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 4
In the case of Maru Ram v. Union of India (1980), the Court suggested laying down guidelines to prevent the arbitrary exercise of power under Article 72 for granting pardons. This recommendation aimed to ensure that the pardoning power is exercised judiciously and not arbitrarily, aligning with principles of fairness and justice.
Test: Judicial review of orders by the president and governor - Part II - Question 5
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What specific grounds limit the judicial review of the pardoning power, as observed in the case of Satpal vs State of Haryana (2000)?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 5
The judicial review of the pardoning power, as seen in Satpal vs State of Haryana (2000), is limited to specific grounds like the Governor's personal exercise of power. This limitation ensures that the exercise of the pardoning power is subject to scrutiny in cases where personal biases or undue influence might affect the decision-making process.
Test: Judicial review of orders by the president and governor - Part II - Question 6
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According to the Court in the case of D.C. Wadhwa & others v. State of Bihar (1986), what did it emphasize regarding the ordinance power?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 6
In the landmark case of D.C. Wadhwa & others v. State of Bihar (1986), the Court emphasized that the ordinance power is an emergency measure and cautioned against its misuse for political motives. This assertion underscores the significance of the ordinance power as a tool to address urgent situations that require immediate legislative action.
Test: Judicial review of orders by the president and governor - Part II - Question 7
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What is the primary purpose of laying down guidelines for the exercise of the pardoning power under Article 72, as suggested by the Court in Maru Ram v. Union of India (1980)?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 7
The Court's recommendation to lay down guidelines for the exercise of the pardoning power in Maru Ram v. Union of India (1980) aims to prevent arbitrary decisions and ensure that the power is exercised in a manner that upholds principles of fairness, justice, and due process.
Test: Judicial review of orders by the president and governor - Part II - Question 8
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Why did the Court assert in the case of D.C. Wadhwa & others v. State of Bihar (1986) that the ordinance power should not be used for political motives?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 8
The Court's assertion in D.C. Wadhwa & others v. State of Bihar (1986) that the ordinance power should not be used for political motives is aimed at safeguarding the separation of powers. By emphasizing this point, the Court underscores the importance of maintaining the integrity of the legislative process and preventing the misuse of emergency powers for political gain.
Test: Judicial review of orders by the president and governor - Part II - Question 9
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What can lead to the annulment of a proclamation for the imposition of President's Rule by the Supreme Court?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 9
The Supreme Court can annul a proclamation for the imposition of President's Rule if it is found to be mala fide or based on irrelevant grounds. This legal safeguard ensures that the use of President's Rule is in line with the principles of governance and the Constitution.
Test: Judicial review of orders by the president and governor - Part II - Question 10
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In the case of S.R. Bommai vs. Union of India (1994), what happens if the proclamation for President's Rule is not ratified by Parliament within two months?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 10
As established in the case of S.R. Bommai vs. Union of India (1994), if the proclamation for President's Rule is not ratified by Parliament within two months, it lapses. This lapse triggers the revival of the dissolved Assembly, emphasizing the importance of parliamentary oversight in such constitutional matters.
Test: Judicial review of orders by the president and governor - Part II - Question 11
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How does the provision for ratification by Parliament within two months impact the imposition of President's Rule?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 11
The provision for ratification by Parliament within two months acts as a safeguard against the misuse of President's Rule by the central government. This requirement ensures that the decision to impose President's Rule is subjected to parliamentary scrutiny and prevents arbitrary or prolonged interventions in state governance.
Test: Judicial review of orders by the president and governor - Part II - Question 12
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What is the primary purpose of the discretionary powers possessed by the President of India and Governors of States, as outlined in the Constitution of India?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 12
The discretionary powers held by the President of India and Governors of States, as outlined in the Constitution of India, are intended to be exercised in good faith. These powers are granted to ensure effective governance and decision-making, emphasizing the importance of using them responsibly for the benefit of the people. By operating in good faith, these constitutional authorities can contribute positively to the welfare and development of the nation.
Test: Judicial review of orders by the president and governor - Part II - Question 13
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Why did courts historically intervene in cases of political misuse of discretionary powers held by the President of India and Governors of States?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 13
Courts historically intervened in instances of political misuse of discretionary powers to limit and subject these powers to judicial review. This intervention aimed to ensure accountability, transparency, and adherence to constitutional principles, preventing the abuse of power and protecting the rights of Indian citizens. By subjecting these powers to judicial scrutiny, the courts played a crucial role in upholding the rule of law and maintaining the balance of power in the governmental system.
Test: Judicial review of orders by the president and governor - Part II - Question 14
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What is the primary goal of judicial oversight concerning the discretionary powers of the President of India and Governors of States?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 14
The primary goal of judicial oversight regarding the discretionary powers of the President of India and Governors of States is to safeguard the fundamental rights of Indian citizens. Through judicial review and intervention, the courts aim to ensure that these powers are exercised within the bounds of the Constitution, respecting individual rights, promoting justice, and preventing any potential violation of fundamental liberties.
Test: Judicial review of orders by the president and governor - Part II - Question 15
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In what circumstances may courts uphold decisions made using the discretionary powers of the President of India and Governors of States?
Detailed Solution for Test: Judicial review of orders by the president and governor - Part II - Question 15
Courts may uphold decisions made using the discretionary powers of the President of India and Governors of States when these decisions are aimed at benefiting the welfare of the people. By prioritizing the well-being and interests of the public, decisions made through these powers can be deemed justifiable and in accordance with the broader goals of governance and public service.
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