Indian Constitution Legislative Powers Quiz
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Questions and Answers

Who is responsible for the election of the President according to Article 54?

  • The Electoral Commission of India
  • The Prime Minister and the Council of Ministers
  • The Chief Justice and the Supreme Court judges
  • An electoral college consisting of elected members of both Houses of Parliament and State Legislative Assemblies (correct)
  • Which list allows Parliament and State Legislature to legislate on concurrent matters?

  • State List
  • Concurrent List (correct)
  • Exclusive List
  • Union List
  • What type of procedure is involved in impeachment proceedings in Parliament?

  • Judicial review process
  • Legislative procedure
  • Quasi-judicial procedure (correct)
  • Administrative review
  • Which articles detail the legislative procedure for making rules in Parliament and State Legislature?

    <p>Articles 208 and 118</p> Signup and view all the answers

    What power does Article 248 grant concerning legislation not enumerated in the lists?

    <p>It grants Parliament the exclusive power to make any laws</p> Signup and view all the answers

    What is the impact of judicial intervention in legislative proceedings?

    <p>It creates checks and balances within government functions</p> Signup and view all the answers

    Which function can the Legislature not perform regarding the Executive?

    <p>Intervene in the Executive's day-to-day operations</p> Signup and view all the answers

    In which scenario can both Houses of Parliament legislate together?

    <p>When an emergency is declared</p> Signup and view all the answers

    What principle did the Supreme Court apply to strike down the ordinance making power of the President?

    <p>Vagueness and arbitrariness in legislation</p> Signup and view all the answers

    Which article allows the Supreme Court to regulate its own proceedings?

    <p>Article 145</p> Signup and view all the answers

    How many ordinances were created in Bihar between 1967 and 1980 according to the Supreme Court's ruling?

    <p>256</p> Signup and view all the answers

    What did the Supreme Court consider an unconstitutional act regarding the ordinance making power?

    <p>Repromulgation of ordinances without public input</p> Signup and view all the answers

    Which of the following best describes the Supreme Court's view on the Executive's role in relation to the Legislature?

    <p>The Executive should maintain separate powers without interference.</p> Signup and view all the answers

    What type of power was held to be a 'fraud upon the Constitution' by the Supreme Court?

    <p>Ordinance making power</p> Signup and view all the answers

    Which provision allows the High Court to issue general rules for its proceedings?

    <p>Article 227</p> Signup and view all the answers

    What is a consequence of the Supreme Court's decision regarding the ordinance making power?

    <p>Ensuring greater legislative accountability</p> Signup and view all the answers

    What granted Parliament the authority to enact the Judges (Inquiry) Act 1968?

    <p>Article 124(5)</p> Signup and view all the answers

    Which of the following features of the Constitution is considered a basic structure that cannot be amended?

    <p>Free and fair elections</p> Signup and view all the answers

    What does Article 368 relate to in the context of constitutional amendments?

    <p>Amending power of Parliament</p> Signup and view all the answers

    What was the Supreme Court's ruling in the Minerva Mills v Union of India case regarding judicial review?

    <p>Judicial review is essential for constitutional values.</p> Signup and view all the answers

    Which constitutional article makes fundamental rights enforceable in the courts?

    <p>Article 13</p> Signup and view all the answers

    What does the term 'judicial intervention in legislature' generally refer to?

    <p>Judiciary reviewing laws based on fundamental rights</p> Signup and view all the answers

    What was a significant consequence of the 42nd Amendment concerning judicial power?

    <p>Immunizing amendments from judicial review</p> Signup and view all the answers

    Why is it challenging to maintain the judiciary's independence from the executive?

    <p>Executive power continually expands.</p> Signup and view all the answers

    Study Notes

    Legislative Powers

    • State Legislature has exclusive power over matters in List II (State List) per Articles 245 and 246.
    • Parliament maintains exclusive authority to legislate on matters in List I (Union List).
    • For subjects not covered under the Concurrent List or State List, Parliament can legislate under Article 248.

    Legislative Procedure

    • Parliament regulates its procedure and business conduct, as per Article 118.
    • State Legislature also establishes its procedural rules under Article 208.

    Election of President

    • President elected by an electoral college comprising members from both Houses of Parliament and elected members from State Legislative Assemblies (Article 54).

    Impeachment Proceedings

    • Impeachment is a quasi-judicial process where one House can charge the other House with constitutional violations, which may be investigated.
    • The Supreme Court outlined standards for the President's ordinance power, including vagueness and public interest concerns.

    Ordinance Making Power

    • Supreme Court viewed repeated repromulgation of ordinances as unconstitutional, undermining democratic processes (Wadhwa v. State of Bihar).
    • In a time span from 1967 to 1980, Bihar enacted 256 ordinances, some repeatedly with Presidential consent, deemed as misuse of power.

    Interference of Judiciary in Legislature

    • Supreme Court can dictate general rules and procedures for its own practice, as stipulated in Articles 145 and 227.
    • High Courts also have the authority to create procedural rules for their operations.
    • The Judges (Inquiry) Act 1968 allows the removal of judges based on misbehavior or incapacity.

    Separation of Powers and Judicial Review

    • Article 13 enforces fundamental rights; laws inconsistent with these rights are void.
    • Judicial review is exercised by the Supreme Court under Article 32 and by High Courts under Article 226, allowing them to declare laws unconstitutional if they violate fundamental rights.
    • Basic structure doctrine prohibits Parliament from amending essential constitutional features, such as sovereignty and federalism.
    • 42nd Amendment attempted to limit judicial review after the Smt. Indira Nehru Gandhi v. Raj Narain case, although ultimately affirmed in Minerva Mills v. Union of India that judicial review is a basic feature of the Constitution.

    Influence of Judiciary on Executive

    • The interplay between the judiciary and executive poses challenges in maintaining the independence of the judiciary amidst increasing executive power.

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    Description

    Test your knowledge on the legislative powers of the States and Parliament as outlined in Articles 245 to 248 of the Indian Constitution. This quiz covers the Union List and State List, focusing on the exclusive powers of legislation. Challenge yourself to understand the nuances of the framework governing Indian legislative processes.

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