Practice paper — Constitution Part V — The Union
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1.What is the content of Article 52 of the Constitution of India?
- (A) There shall be a Prime Minister of India.
- (B) There shall be a President of India.
- (C) India shall be a Union of States.
- (D) The President shall be elected by Parliament only.
2.Are members of a State Legislative Council (where such a council exists) part of the electoral college for the Presidential election under Article 54?
- (A) Yes — all members of the state legislature (both Assembly and Council) are included.
- (B) No — only the elected members of the Legislative Assemblies of the States are included.
- (C) Yes — but only if they are directly elected rather than nominated.
- (D) Only those members of the Legislative Council who are also Members of Parliament are included.
3.How may the President resign his office under Article 56?
- (A) Orally to the Vice‑President in a formal sitting
- (B) By a public declaration to both Houses of Parliament
- (C) By a written resignation addressed to the Speaker of the House of the People
- (D) By writing under his hand addressed to the Vice‑President
4.Regarding the ‘office of profit’ disqualification, which statement correctly reflects the Article 58(2) Explanation?
- (A) A Governor is always deemed to hold an office of profit and so is disqualified
- (B) A person is exempt from the office-of-profit rule only if Parliament says so
- (C) Holding any ministerial post automatically disqualifies a person as holding an office of profit
- (D) A person shall not be deemed to hold any office of profit by reason only that he is President, Vice‑President, Governor or a Minister
5.What does Article 60 permit regarding the form of the oath or affirmation?
- (A) It requires only a religious oath, not an affirmation
- (B) It requires only a secular affirmation, not a religious oath
- (C) It prescribes a choice between swearing "in the name of God" or solemnly affirming
- (D) It allows omission of both oath and affirmation
6.May an election to fill a casual vacancy in the Presidency lawfully be held nine months after the vacancy arose under Article 62?
- (A) Yes, provided Parliament passes a resolution
- (B) No; the election must be held as soon as possible and not later than six months
- (C) Yes, but only with the concurrence of the Chief Justice
- (D) No; such an election must be completed before the previous term expires
7.When the President is unable to discharge his functions owing to absence, illness or any other cause, who discharges those functions according to Article 65?
- (A) The Governor of a State
- (B) The Vice‑President
- (C) The Chief Election Commissioner
- (D) The Council of Ministers collectively
8.How may a Vice‑President resign his office under the Constitution?
- (A) By writing under his hand addressed to the President
- (B) By an oral declaration in Parliament
- (C) By a written notice to the Speaker of the Council of States
- (D) By a resolution of the Council of States
9.Who is required by Article 69 to make and subscribe the specified oath or affirmation?
- (A) The President
- (B) The Vice‑President
- (C) Any Minister of the Union
- (D) The Chief Justice of India
10.If the Supreme Court declares a person's election as President or Vice‑President void, what is the legal effect under Article 71(2) on acts done by that person in the exercise of the office before the Court's decision?
- (A) Those acts are automatically void ab initio
- (B) Those acts shall not be invalidated by reason of that declaration
- (C) Those acts require parliamentary confirmation to remain valid
- (D) Those acts remain valid only if approved by the Chief Justice
11.What limitation does the proviso to Article 73(1)(a) place on the Union's executive power within a State?
- (A) It allows the Union executive to act in State matters whenever Parliament desires
- (B) It permits the Union to exercise State executive powers without any express provision
- (C) It restricts Union executive power in a State only during a national emergency
- (D) It prevents Union executive power in a State on matters where the State legislature also has power, except as expressly provided by the Constitution or by law made by Parliament
12.What is the constitutional limit on the size of the Council of Ministers (including the Prime Minister) under Article 75(1A)?
- (A) Fifteen members of the Council of Ministers
- (B) One‑tenth of the total members of the House of the People
- (C) Fifteen per cent. of the total number of members of the House of the People
- (D) A fixed maximum of 75 ministers
13.Article 77(3) requires the President to make rules for which of the following matters?
- (A) The authentication of orders and instruments
- (B) The more convenient transaction of the business of the Government of India and the allocation among Ministers of that business
- (C) The appointment of judges of the Supreme Court
- (D) The conduct of elections
14.What are the names of the two Houses of Parliament as specified in Article 79?
- (A) Legislative Assembly and Legislative Council
- (B) Council of States and the House of the People
- (C) Senate and House of Commons
- (D) Union Council and People's Assembly
15.Under Article 81(1)(b), what is the maximum number of members to represent the Union territories?
- (A) 5 members
- (B) 10 members
- (C) 20 members
- (D) 25 members
16.What is the normal duration of the House of the People under Article 83, unless sooner dissolved?
- (A) Four years from the date appointed for its first meeting
- (B) Five years from the date appointed for its first meeting
- (C) Six years from the date appointed for its first meeting
- (D) It has no fixed duration and continues until dissolved
17.According to Article 85, what is the maximum permissible interval between the last sitting of a House in one session and the first sitting in the next session?
- (A) Three months
- (B) Six months
- (C) Nine months
- (D) Twelve months
18.What must the President inform Parliament of in the special address under Article 87(1)?
- (A) The causes of its summons
- (B) The legislative agenda for the year
- (C) The names of ministers to be appointed
- (D) The financial statement
19.Who is responsible for choosing the Deputy Chairman of the Council of States according to Article 89(2)?
- (A) The President of India
- (B) The Vice‑President of India
- (C) The Council of States
- (D) The Prime Minister of India
20.Under Article 91(2), during the absence of the Chairman from any sitting of the Council of States, who shall act as Chairman if the Deputy Chairman is present?
- (A) A member appointed by the President
- (B) Such other person as may be determined by the Council
- (C) The Deputy Chairman
- (D) A person determined by the rules of procedure only if nominated by the President
21.Does Article 93 require that the Speaker and Deputy Speaker be members of the House of the People?
- (A) Yes, both must be members of the House
- (B) No, they may be chosen from outside the House
- (C) Only the Speaker must be a member
- (D) Only the Deputy Speaker must be a member
22.During the absence of the Speaker from any sitting of the House of the People, who shall act as Speaker under Article 95(2)?
- (A) The President
- (B) The Deputy Speaker
- (C) A member appointed by the President
- (D) The Chief Justice of India
23.According to Article 97, until Parliament makes provision by law for salaries and allowances, where are those salaries and allowances specified?
- (A) In the First Schedule
- (B) In the Second Schedule
- (C) In a resolution of either House of Parliament
- (D) By the President by order
24.When must a member make and subscribe the oath or affirmation under Article 99?
- (A) At any time during their term
- (B) Before taking his seat
- (C) Within 30 days of election
- (D) Only after being sworn in by the Chief Justice
25.If a person is chosen a member of both Houses of Parliament, what must Parliament provide under Article 101(1)?
- (A) Provision by law for the vacation by that person of his seat in one House or the other
- (B) That the President decide which seat to vacate
- (C) Automatic vacation of the Rajya Sabha seat only
- (D) That the Speaker of Lok Sabha determine which seat is vacated
26.Article 103 refers to disqualifications mentioned in clause (1) of which Article?
- (A) Article 101
- (B) Article 104
- (C) Article 105
- (D) Article 102
27.Who is covered by the protections in clauses (1), (2) and (3) according to Article 105(4)?
- (A) Persons who by virtue of the Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof.
- (B) Only elected members of Parliament and no one else.
- (C) All citizens of India whenever they comment on parliamentary matters.
- (D) Members of State Legislatures when they address Parliament.
28.If a Bill has been passed by the House of the People and is pending in the Council of States when the House of the People is dissolved, what does Article 107(5) provide?
- (A) It does not lapse on dissolution of the House of the People
- (B) It lapses only if both Houses had not previously agreed
- (C) It lapses on a dissolution of the House of the People, subject to the provisions of Article 108
- (D) It is automatically referred to the President for decision
29.If the House of the People does not accept any of the recommendations of the Council of States on a Money Bill, what is the result?
- (A) The Money Bill is deemed to have been passed with the Council of States' amendments.
- (B) The Money Bill is sent to a joint sitting of both Houses.
- (C) The Money Bill is deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.
- (D) The Money Bill is referred to a Select Committee for reconsideration.
30.Which statement about the President's power to return a Bill for reconsideration is correct under Article 111?
- (A) The President may return the Bill only if it is not a Money Bill.
- (B) The President may return only Money Bills for reconsideration.
- (C) The President may return any Bill, including Money Bills, for reconsideration.
- (D) The President has no power to return any Bill for reconsideration.
31.Under Article 113(2), which of the following actions can the House of the People take in respect of a demand for grants?
- (A) It can only assent to the full amount or refuse the demand; it cannot alter the amount.
- (B) It can increase the amount specified in the demand.
- (C) It has no power to refuse a demand presented in the form of a grant.
- (D) It can assent subject to a reduction of the amount specified in the demand.
32.If a need arises during the current financial year for additional expenditure on a new service not contemplated in the annual financial statement, before which body or bodies must the President cause a statement to be laid under Article 115(1)(a)?
- (A) Only the House of the People (Lok Sabha).
- (B) Only the Council of States (Rajya Sabha).
- (C) Before both the Houses of Parliament.
- (D) Before the relevant Standing Committee of Parliament only.
33.A Bill provides only for the imposition of fines and fees for licences. Under Article 117(2), would that alone cause the Bill to be treated as making provision for the matters specified in Article 110(1)(a)–(f)?
- (A) Yes, any imposition of fines or fees makes it such a Bill
- (B) Yes, but only if the fines are imposed by the Union
- (C) No, clause (2) says a Bill shall not be deemed to make such provision by reason only of imposing fines or fees
- (D) No, unless the fines are extremely large
34.Does Article 119 allow Parliament to regulate by law the procedure of a House in relation to non-financial bills?
- (A) Yes, in respect of all bills irrespective of subject-matter
- (B) Yes, but only when both Houses pass a special resolution
- (C) No — the power is limited to matters relating to financial affairs and appropriation bills
- (D) Only during a national emergency
35.Does the restriction in Article 121 apply to discussions in State Legislatures?
- (A) Yes — it applies to Parliament and State Legislatures.
- (B) No — it speaks only about 'Parliament', so it does not apply to State Legislatures.
- (C) Yes — but only for High Court judges.
- (D) No — it applies only to courts, not legislatures.
36.The Council of States is in session but the House of the People is not. Can the President promulgate an Ordinance under Article 123?
- (A) No, because at least one House being in session bars the power
- (B) Yes, because the bar in Article 123(1) applies only when both Houses of Parliament are in session
- (C) No, unless the Council of States passes a resolution permitting it
- (D) Yes, but the Ordinance would be void under Article 123(3)
37.Which of the following is NOT explicitly protected by the proviso in Article 125 from being varied to a Judge's disadvantage after appointment?
- (A) Privileges
- (B) Allowances
- (C) Salaries
- (D) Rights in respect of leave of absence and pension
38.Does Article 127 state that a Judge designated as an ad hoc Judge thereby ceases to be a Judge of his High Court while attending the Supreme Court?
- (A) Yes — he becomes a Supreme Court Judge and vacates his High Court office
- (B) No — the provision does not say he ceases to be a High Court Judge; it only requires priority to Supreme Court duties
- (C) Yes — but only for the exact period of attendance and he must be re-appointed to resume
- (D) No — the provision expressly says he continues all High Court duties unchanged
39.Which description best fits the phrase 'including the power to punish for contempt of itself' in Article 129?
- (A) It mentions contempt power as an example of the powers of a court of record, not as the sole power
- (B) It limits the Supreme Court's powers solely to punishing contempt of itself
- (C) It excludes any other contempt powers unless separately enumerated
- (D) It makes the contempt power subject to Parliament's approval
40.Which statement correctly summarizes the proviso limiting the Supreme Court's original jurisdiction under Article 131?
- (A) It excludes only disputes arising out of treaties entered into before the Constitution's commencement that continue after commencement.
- (B) It excludes disputes arising out of any treaty, agreement or similar instrument entered into before the commencement of the Constitution which continues in operation after such commencement, or which provides that the Supreme Court's jurisdiction shall not extend to such a dispute.
- (C) It excludes all disputes between two or more States irrespective of their subject-matter.
- (D) It excludes disputes arising out of instruments entered into after the commencement of the Constitution.
41.If the final order in a civil proceeding is given by one Judge of a High Court, and the High Court certifies under article 134A that a substantial question of law of general importance arises, can an appeal lie to the Supreme Court under Article 133?
- (A) Yes — certification under Article 134A is sufficient to appeal to the Supreme Court.
- (B) No — clause (3) provides that no appeal shall lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court unless Parliament by law otherwise provides.
- (C) Yes — but only if the Supreme Court exercises its discretion under Article 136.
- (D) No — and Parliament has no power to permit such appeals by law.
42.Does Article 134A create the same mandatory duty to determine the certificate-question when a written (non-oral) application is made immediately after the passing of the judgment?
- (A) Yes — a written application triggers the same mandatory duty as an oral one
- (B) No — the mandatory obligation in clause (b) applies only if an oral application is made immediately after the passing
- (C) Yes — but only if the High Court deems it fit
- (D) No — the provision applies only to sentences, not to written applications
43.The opening words of Article 136 read "Notwithstanding anything in this Chapter." What is the correct legal effect of that phrase as used in Article 136?
- (A) It means Article 136 overrides any provision of the Constitution, inside or outside this Chapter.
- (B) It means Article 136 overrides other provisions including clause (2) of the same Article.
- (C) It means Article 136 applies only during national emergency periods.
- (D) It means the power in clause (1) is to operate notwithstanding anything else in this Chapter, i.e. it overrides other provisions in the same Chapter but is not stated to override matters outside the Chapter.
44.Can a single State government unilaterally confer further jurisdiction and powers on the Supreme Court under Article 138?
- (A) Yes; a State government may by itself confer further jurisdiction on the Supreme Court
- (B) No; Article 138(2) requires a special agreement between the Government of India and the Government of a State and also requires Parliament by law to provide for the exercise
- (C) Yes; but only for matters in the Concurrent List
- (D) Yes; if the State Legislature passes a law to that effect
45.Which clause of Article 139A deals with withdrawal of cases to the Supreme Court, and which deals with transfer between High Courts?
- (A) Clause (2) provides for withdrawal to the Supreme Court; Clause (1) provides for transfer between High Courts.
- (B) Clause (1) provides for withdrawal to the Supreme Court; Clause (2) provides for transfer between High Courts.
- (C) Both clauses only provide for transfer between High Courts; neither allows withdrawal to the Supreme Court.
- (D) Neither clause deals with withdrawal or transfer; both relate solely to the powers of High Courts.
46.Does the phrase "all courts within the territory of India" in Article 141 include the Supreme Court itself?
- (A) No — the phrase excludes the Supreme Court.
- (B) Yes — it includes the Supreme Court, since the Supreme Court is a court within India.
- (C) It applies only to courts below the Supreme Court.
- (D) It applies only to High Courts and subordinate courts, not the Supreme Court.
47.Which of the following correctly captures a textual distinction between clauses (1) and (2) of Article 143?
- (A) Under clause (1) the reference is made by Parliament, while under clause (2) it is made by the President
- (B) Under clause (1) the Court reports to Parliament, while under clause (2) it reports to the President
- (C) Under clause (1) the Court 'may' report its opinion, while under clause (2) the Court 'shall' report its opinion
- (D) Under clause (1) no hearing is permitted, while under clause (2) a full hearing is mandatory
48.Under Article 145(2)–(3), which statement correctly captures the Court's power regarding composition of benches and the procedure when a substantial constitutional question arises?
- (A) Rules may not fix the minimum number of Judges; all matters of bench composition are left to the President.
- (B) When a substantial constitutional question arises, the hearing must be transferred in full to a five-Judge bench which must rehear the entire appeal from the beginning.
- (C) Rules may fix the minimum number of Judges for any purpose and, if a less-than-five-Judge Bench finds a substantial constitutional question necessary for disposal, it must refer that question for opinion to a Court constituted by clause (3) and thereafter dispose of the appeal in conformity with the opinion.
- (D) A single Judge may decide any substantial constitutional question if authorised by the Chief Justice.
49.If a matter raises a substantial question solely about the interpretation of the Government of India Act, 1935, but not about the Constitution, does Article 147 by itself bring that matter within the scope described?
- (A) Yes; Article 147 makes any question on the 1935 Act equivalent to a constitutional interpretation question.
- (B) Yes, but only where Orders in Council are also involved.
- (C) No; Article 147 operates by construing references to constitutional interpretation as including questions about the 1935 Act, and does not state the reverse.
- (D) Yes, but only if the 1935 Act was amended after independence.
50.The proviso in Article 149 refers to duties '...as were conferred on or exercisable by the Auditor‑General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.' Which present entities do 'Dominion of India' and 'the Provinces' correspond to in that clause?
- (A) Union and States
- (B) Union and any other authority or body
- (C) States and any other authority or body
- (D) Only 'any other authority or body'
Answer key
Explanations
- 1. (B) Article 52 states in plain terms: "There shall be a President of India." The provision simply establishes the existence of the office of President in the Constitution.
- 2. (B) Article 54 specifically limits the state component of the electoral college to 'the elected members of the Legislative Assemblies of the States.' It does not include members of Legislative Councils, so they are excluded.
- 3. (D) The proviso to Article 56(1)(a) provides: "the President may, by writing under his hand addressed to the Vice‑President, resign his office." Thus resignation must be in writing and addressed to the Vice‑President.
- 4. (D) Article 58(2) disqualifies one who "holds any office of profit" under specified governments, but the Explanation states that a person "shall not be deemed to hold any office of profit by reason only that he is the President or Vice‑President... or is a Minister." Thus those offices are not, by reason only of holding them, treated as offices of profit for this Article.
- 5. (C) The provision sets out the form: "I, A.B., do swear in the name of God / solemnly affirm..." indicating the individual may either swear in the name of God or solemnly affirm, so both options are permitted.
- 6. (B) Article 62(2) expressly provides that such an election "shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy." Holding it nine months after would exceed the six-month limit and therefore is not permitted by the provision.
- 7. (B) Article 65(2) provides that when the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice‑President shall discharge his functions until the President resumes duties.
- 8. (A) Proviso (a) specifies that "a Vice‑President may, by writing under his hand addressed to the President, resign his office." Resignation must be in writing and addressed to the President.
- 9. (B) The provision begins with "Every Vice‑President shall, before entering upon his office, make and subscribe ... an oath or affirmation in the following form." Therefore it is the Vice‑President who must make and subscribe the oath.
- 10. (B) Article 71(2) expressly provides that acts done by the person "on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration." Thus prior official acts are protected from invalidation.
- 11. (D) The proviso to Article 73(1)(a) states that the executive power referred to shall not, save as expressly provided in the Constitution or in any law made by Parliament, extend in any State to matters with respect to which the State Legislature also has power to make laws. Thus Union executive authority does not automatically intrude into State subjects absent express provision.
- 12. (C) Clause (1A) provides that the total number of Ministers, including the Prime Minister, 'shall not exceed fifteen per cent. of the total number of members of the House of the People.'
- 13. (B) Article 77(3) provides that the President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. The clause is limited to transaction of government business and allocation among Ministers.
- 14. (B) Article 79 expressly states the two Houses shall be known respectively as the Council of States and the House of the People. Those are the names given in the provision.
- 15. (C) Article 81(1)(b) provides that not more than twenty members shall represent the Union territories, chosen in such manner as Parliament may by law provide. Thus the ceiling for Union Territory representation is 20.
- 16. (B) Article 83(2) provides that the House of the People shall continue for five years from the date appointed for its first meeting, unless sooner dissolved. Hence the normal tenure is five years.
- 17. (B) Article 85(1) provides that "six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session." Thus the maximum interval is six months.
- 18. (A) Article 87(1) requires that the President shall "inform Parliament of the causes of its summons." The text does not specify other particulars like legislative agenda or ministerial appointments in this clause.
- 19. (C) Article 89(2) provides: "The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof." Hence the Council of States itself chooses the Deputy Chairman.
- 20. (C) Article 91(2) provides that during the absence of the Chairman from any sitting the Deputy Chairman shall act as Chairman. The clause places the Deputy Chairman first in the line to act at a sitting.
- 21. (A) Article 93 requires the House to "choose two members of the House to be respectively Speaker and Deputy Speaker," which means both offices must be filled by members of the House.
- 22. (B) Article 95(2) provides that during the Speaker’s absence from any sitting, the Deputy Speaker shall act as Speaker. Only if the Deputy Speaker is also absent does the rules of procedure or the House determine another person to act.
- 23. (B) The provision states that until Parliament fixes salaries and allowances by law, such salaries and allowances are those specified in the Second Schedule.
- 24. (B) Article 99 states that a member 'shall, before taking his seat, make and subscribe ... an oath or affirmation.' Thus the oath or affirmation must be made before the member takes his seat.
- 25. (A) Clause (1) requires that Parliament make provision by law enabling a person chosen to both Houses to vacate his seat in one House or the other. The text does not vest this choice with the President or any Speaker/Chairman by default.
- 26. (D) Article 103(1) expressly refers to the disqualifications mentioned in clause (1) of Article 102. The provision identifies Article 102(1) as the source of the disqualifications in question.
- 27. (A) Article 105(4) explicitly states that the provisions of clauses (1), (2) and (3) apply to persons who by virtue of the Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof, treating them as the provisions apply to members.
- 28. (C) Article 107(5) provides that a Bill which, having been passed by the House of the People, is pending in the Council of States shall, subject to Article 108, lapse on a dissolution of the House of the People. Thus it lapses, subject to Article 108.
- 29. (C) Article 109(4) states that if the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the Council of States' amendments.
- 30. (A) The proviso begins: "the President may... return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill..." Therefore the power to return is limited to Bills that are not Money Bills.
- 31. (D) Article 113(2) gives the House of the People the power to assent, refuse, or to assent subject to a reduction of the amount specified in any demand. The clause does not permit increasing the amount, but expressly allows reduction.
- 32. (C) Article 115(1)(a) requires that in such a case the President shall cause to be laid before both the Houses another statement showing the estimated amount of that expenditure.
- 33. (C) Article 117(2) expressly provides that a Bill shall not be deemed to make provision for those matters merely because it provides for imposition of fines or fees for licences or services, so such imposition alone does not make it so.
- 34. (C) Article 119 limits Parliament's regulatory power to "financial business" — i.e., "in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India." It does not extend that power to non-financial bills.
- 35. (B) The provision begins with 'No discussion shall take place in Parliament ...' and thus by its wording addresses discussions in Parliament. It does not state that the restriction applies to State Legislatures.
- 36. (B) Article 123(1) permits promulgation 'except when both Houses of Parliament are in session'; the power is therefore available when only one House is sitting. Article 123(3) voids an Ordinance only if and so far as it makes provision which Parliament would not be competent to enact, which is a separate limitation.
- 37. (C) The proviso to Article 125(2) mentions privileges, allowances and rights in respect of leave and pension but does not mention salaries; salaries are governed by Article 125(1) as determined by Parliament by law.
- 38. (B) Article 127(2) requires attendance "in priority to other duties of his office" and grants Supreme Court powers while attending, but it does not state that the Judge ceases to be a Judge of the High Court or vacates that office.
- 39. (A) Article 129 states the Court 'shall have all the powers of such a court including the power to punish for contempt of itself.' The use of 'including' indicates the contempt power is an example among the powers, not the only power.
- 40. (B) The proviso to Article 131 states the jurisdiction shall not extend to disputes arising out of instruments entered into before the commencement of the Constitution which continue after commencement, or which provide that the said jurisdiction shall not extend to such a dispute. This summary includes both limbs of the proviso.
- 41. (B) Clause (3) states that notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. Thus even with an Article 134A certificate, appeals from one‑Judge orders are barred unless Parliament provides otherwise.
- 42. (B) Clause (b) uses mandatory language: it "shall, if an oral application is made... immediately after the passing... determine, as soon as may be after such passing." The mandatory duty is tied to an oral application; otherwise clause (a) is discretionary ("may... on its own motion").
- 43. (D) Article 136 begins with "Notwithstanding anything in this Chapter," which means the power in clause (1) is to operate notwithstanding other provisions within that Chapter. The phrase limits the override to "this Chapter"; it does not, on its face, say it overrides every constitutional provision outside the Chapter, and clause (2) itself shows a specific limitation.
- 44. (B) Article 138(2) requires a 'special agreement' between the Government of India and the Government of any State, and further conditions the conferral on Parliament providing by law for the exercise; a single State acting alone is not authorized to confer such jurisdiction.
- 45. (B) Article 139A(1) authorises the Supreme Court to withdraw cases pending before High Courts and dispose of them itself, while Article 139A(2) authorises the Supreme Court to transfer cases from one High Court to another. The text thus assigns withdrawal to clause (1) and inter-High Court transfer to clause (2).
- 46. (B) Article 141 states the law declared by the Supreme Court "shall be binding on all courts within the territory of India." The Supreme Court is itself a court within India, so the plain language includes it.
- 47. (C) Clause (1) says 'the Court may, after such hearing as it thinks fit, report to the President its opinion', whereas clause (2) says 'the Supreme Court shall... report to the President its opinion thereon'. In both clauses the reference is by the President and the report goes to the President; the difference lies in 'may' versus 'shall'.
- 48. (C) Clause (2) permits rules to fix the minimum number of Judges for any purpose. Clause (3) requires that where a Bench of fewer than five Judges finds a substantial constitutional question necessary for disposal, it shall refer that question for opinion to a Court constituted as required by clause (3) and, on receipt, dispose of the appeal in conformity with such opinion.
- 49. (C) The provision states that references to substantial questions about interpretation of the Constitution shall be construed as including references to questions about the 1935 Act. It does not say that a question solely about the 1935 Act is automatically treated as a constitutional interpretation question.
- 50. (A) The clause earlier speaks of duties 'in relation to the accounts of the Union and of the States' and then refers back to what was conferred on the Auditor‑General 'in relation to the accounts of the Dominion of India and of the Provinces respectively.' The word 'respectively' shows the Dominion corresponds to the Union and the Provinces correspond to the States.