1. Consider the following:

Assertion: The Writ Jurisdiction of the Supreme Court is narrower than that of the High Courts.

Reason: The Supreme Court can issue writs only for the enforcement of the Fundamental Rights and not in the case of breach of ordinary legal right.

Select the correct answer using the code given below:

(a) Both Assertion and Reason are true and Reason is the correct explanation of Assertion.

(b) Both Assertion and Reason are true but Reason is not the correct explanation of Assertion.

(c) Assertion is true but Reason is false.

(d) Assertion is false but Reason is true.

Answer: (a) Explanation: The High Court is empowered to issue writs for the enforcement of Fundamental Rights, and also for any other purpose, i.e. ordinary legal rights of the citizen. Hence, this widens the writ jurisdiction of the High Courts as compared to the Supreme Court, whose writ jurisdiction is limited to the enforcement of the Fundamental Rights only. Hence, both Assertion and Reason are true and Reason is the correct explanation of Assertion.

2. Regarding the Union Council of Ministers in India, consider the following statements:

(1) The Council of Ministers is legally responsible for any legislation passed by it in the Parliament of India.

(2) Individual responsibility of the Ministers implies that the President can remove a Minister even at a time when the Council of Ministers enjoys the confidence of the Lok Sabha.

Which of the statements given above is/are not correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (a) Explanation: Statement 1 is not correct: No Legal Responsibility: There is no provision in the Constitution for the system of legal responsibility of a Minister. It is not required that an order of the President for any public act should be countersigned by a Minister. Moreover, the courts are barred from enquiring into the nature of advice rendered by the Ministers to the President. However, in Britain every order of the King is countersigned by a Minister. Statement 2 is correct: Individual Responsibility: Article 75 also contains the principle of individual responsibility. It states that the Ministers hold office during the ‘pleasure of the President’, which means that the President can remove a Minister even at a time when the Council of Ministers enjoys the confidence of the Lok Sabha. However, the President can remove a Minister only on the advice of the Prime Minister.

3. Regarding the appointment of the Chief Minister of a State in India, consider the following statements:

(1) On the death of a Chief Minister, the ruling party usually elects a new leader and the Governor has no choice but to appoint him as the Chief Minister.

(2) The Constitution does not require that a person must prove his majority in the Legislative Assembly before he is appointed as the Chief Minister.

(3) A person who is not a member of the State Legislature can be appointed as the Chief Minister.

(4) According to the Indian Constitution, the Chief Minister may be a member of any of the two Houses of a State Legislature.

Which of the statement(s) given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 1 and 3 only

(d) 1, 2, 3 and 4

Answer: (d) Explanation: APPOINTMENT OF CHIEF MINISTER The Indian Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister. Article 164 only says that the Chief Minister shall be appointed by the Governor. Statement 1 is correct: The Governor may have to exercise his individual judgement in the selection and appointment of the Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor. However, on the death of a Chief Minister, the ruling party usually elects a new leader and the Governor has no choice but to appoint him as the Chief Minister. Statement 2 is correct: The Constitution does not require that a person must prove his majority in the Legislative Assembly before he is appointed as the Chief Minister. The Governor may first appoint him as the Chief Minister and then ask him to prove his majority in the Legislative Assembly within a reasonable period. Statement 3 is correct: A person who is not a member of the State Legislature can be appointed as the Chief Minister for six months, within which time, he should be elected to the State Legislature, failing which he ceases to be the Chief Minister. Statement 4 is correct: According to the Constitution, the Chief Minister may be a member of any of the two Houses of a State Legislature. Usually Chief Ministers have been selected from the Lower House (Legislative Assembly), but, on a number of occasions, a member of the Upper House (Legislative Council) has also been appointed as Chief Minister.

4. For being elected to the office of the President of India, one must not hold any office of profit. Which among the following is considered as an office of profit?

(a) The Vice-President

(b) The Chief Justice of India

(c) The Governor of any State

(d) The Minister of the Union or any State

Answer: (b) Explanation: An Office of Profit is an office which is capable of yielding profit or pecuniary gain. Holding an office under the Central or State government, to which some pay, salary, emolument, remuneration or non-compensatory allowance is attached, is termed as “holding an office of profit” for the purposes of Article 102 of the Constitution of India. The following posts/offices shall not be considered as an office of profit and hence are qualified as a candidate for election to be the President.

● The President and the Vice President

● The Governor of any State

● The Minister of the Union or any State Since, the office of Chief Justice of India does not suit above mentioned criteria, hence it is deemed to be an office of profit. Hence, the correct answer is option (b).

5. In case of Nagaland, Acts of the Indian Parliament would not apply unless approved by the State Legislative Assembly. For which of the following matters, the provisions given above is/are correct?

(1) Religious and social practices of Naga

(2) Civil and Criminal Justice System involving customary laws.

(3) Land and its resources.

Select the correct answer using code given below:

(a) 1 only

(b) 1 and 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: (d) Explanation: As per article 371-A of the Indian Constitution, certain Acts of Parliament would not apply to Nagaland unless the State Legislative Assembly so decides:

(i) Religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) Administration of civil and criminal justice involving decisions according to Naga customary law, (iv) Ownership and transfer of land and its resources. Hence, option (d) is the correct answer.