Practice paper — Constitution Part VI — The States
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1.According to Article 152, as quoted, the expression "State" in this Part:
- (A) Includes the State of Jammu and Kashmir
- (B) Does not include the State of Jammu and Kashmir
- (C) Includes only the State of Jammu and Kashmir
- (D) Excludes all States mentioned elsewhere
2.Can the same person be appointed Governor for three States at the same time under Article 153?
- (A) No — the proviso limits sharing to exactly two States.
- (B) Yes — but only if the States consent.
- (C) Yes — but only where the States form a single administrative unit.
- (D) Yes — the proviso allows appointment of the same person as Governor for 'two or more States', so three is permitted.
3.In Article 155, the phrase 'by warrant under his hand and seal' most directly indicates which element of the appointment?
- (A) The form or instrument of appointment
- (B) The place where the appointment occurs
- (C) The duration/term of the Governor's office
- (D) A requirement of parliamentary approval
4.According to Article 157, which of the following is a mandatory qualification for appointment as Governor?
- (A) Be a citizen of India
- (B) Be a resident of the state to which appointed
- (C) Be a member of Parliament
- (D) Have completed the age of thirty years
5.Which statement correctly captures the relationship between Article 158(3) and Article 158(4) regarding the Governor's emoluments?
- (A) Parliament may determine the Governor's emoluments by law, but those emoluments shall not be diminished during the Governor's term of office.
- (B) Parliament can, by subsequent law, reduce the Governor's emoluments at any time during his term.
- (C) The President may diminish the Governor's emoluments during a national emergency.
- (D) Emoluments specified in the Second Schedule can never be altered by Parliament even before a law is made.
6.Does Article 160 allow the President to make provision for discharge of functions of persons other than the Governor of a State?
- (A) Yes, it applies to any State officer when needed.
- (B) Yes, but only for members of the State Legislature.
- (C) Yes, but only in national emergencies.
- (D) No, it is confined to the functions of the Governor of a State.
7.Article 162 begins with the phrase 'Subject to the provisions of this Constitution'. What is the immediate legal effect of that phrase on the State's executive power?
- (A) It makes State executive power unrestricted by any law
- (B) It makes State executive power limited only by State legislation
- (C) It makes State executive power subject to the provisions of the Constitution
- (D) It makes State executive power superior to laws of Parliament
8.Under Article 164(1), who appoints the Chief Minister of a State?
- (A) The Governor
- (B) The President
- (C) The State Legislature
- (D) The Prime Minister
9.Can the Advocate-General be said to have a fixed tenure under Article 165?
- (A) Yes — a fixed term of five years is provided
- (B) No — the Advocate-General holds office during the pleasure of the Governor
- (C) Yes — until the Advocate-General reaches a retirement age prescribed in the article
- (D) No — removable only by resolution of the State Legislature
10.If a Minister has taken a decision on a matter which has not been considered by the Council of Ministers, is the Chief Minister required to submit that matter to the Council on his own initiative under Article 167?
- (A) Yes, the Chief Minister must submit it on his own initiative.
- (B) No, the Chief Minister must refuse unless the Governor directs a submission.
- (C) Only if the Governor so requires must the Chief Minister submit it to the Council of Ministers.
- (D) Only after the President's approval can it be submitted.
11.Which majority requirement must the State Legislative Assembly satisfy when passing a resolution under Article 169?
- (A) A simple majority of members present and voting
- (B) A majority of the total membership of the Assembly and a majority of not less than two‑thirds of the members present and voting
- (C) Unanimous consent of all members of the Assembly
- (D) A majority of the total membership only
12.Which specific readjustments are stated as not necessary until the relevant figures for the first census taken after 2026 have been published under Article 170(3)?
- (A) Neither total seats nor division into constituencies can be readjusted after 2026 under any circumstances
- (B) Only the division of the State into constituencies (as per 1971 census) need not be readjusted until after the first census post-2026
- (C) It shall not be necessary to readjust (i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 2001 census
- (D) Only the total number of seats (as readjusted on the 2001 census) need not be readjusted until after the first census post-2026
13.What is the legal effect when the five-year period of a State Assembly expires under Article 172(1)?
- (A) The Assembly simply ceases to function but is not dissolved
- (B) The Governor decides whether it should be dissolved
- (C) The Assembly continues until it is formally dissolved by law
- (D) The expiration of the said period of five years shall operate as a dissolution of the Assembly
14.Which of the following powers is explicitly conferred on the Governor by Article 174(2)?
- (A) Dissolve the Legislative Council
- (B) Prorogue the House or either House
- (C) Appoint the Chief Minister
- (D) Summon the Parliament of India
15.When is the Governor required to address the State Legislature under Article 176?
- (A) Only at the commencement of the first session after each general election to the Legislative Assembly.
- (B) Only at the commencement of the first session of each year.
- (C) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year.
- (D) At the commencement of every session of the Legislature.
16.What is the correct effect of the phrase 'but shall not, by virtue of this article, be entitled to vote' in Article 177?
- (A) It absolutely and forever bars Ministers and the Advocate-General from voting in the Legislature.
- (B) It means Article 177 does not confer any voting right on Ministers or the Advocate-General; the article only grants speaking and participation rights.
- (C) It allows them to vote in committees but not in the Houses.
- (D) It allows them to vote only when they are named members of a committee.
17.What type of majority is required for the Assembly to remove its Speaker or Deputy Speaker under clause (c)?
- (A) A simple majority of members present and voting
- (B) A two-thirds majority of members present
- (C) A majority of all the then members of the Assembly
- (D) Unanimous consent of all members
18.If a resolution for the removal of the Deputy Speaker is under consideration, who, according to Article 181(1), is disqualified from presiding over that sitting?
- (A) The Deputy Speaker, though he is present, shall not preside.
- (B) The Speaker, though he is present, shall not preside.
- (C) Both the Speaker and the Deputy Speaker shall not preside.
- (D) No one is disqualified; the usual presiding arrangements continue.
19.If the Deputy Chairman wishes to resign his office under Article 183, to whom must he address his resignation?
- (A) To the Governor of the State
- (B) To the Chief Minister
- (C) To the Chairman of the Council
- (D) To the Secretary of the Council
20.When the office of the Chairman is vacant and the Deputy Chairman is available, can the Governor appoint another member to perform the Chairman's duties under Article 184(1)?
- (A) No — duties shall be performed by the Deputy Chairman.
- (B) Yes — Governor may appoint any member even if Deputy Chairman exists.
- (C) Yes, but only with the Council's approval.
- (D) No — only the President may appoint in that situation.
21.Does the phrase "may be respectively fixed" in the provision allow the State Legislature to set different salaries for each of the offices mentioned?
- (A) No — it requires identical salaries for all the offices
- (B) Only if Parliament delegates that power
- (C) Yes — "respectively" permits fixing amounts separately for each office
- (D) Only the Speaker and Chairman can have different salaries, not the deputies
22.Before whom must the oath or affirmation be made and subscribed as per Article 188?
- (A) The President of India
- (B) The Speaker of the Assembly
- (C) The Chief Justice of the State High Court
- (D) The Governor, or some person appointed in that behalf by him
23.According to Article 190(1), can a person be a member of both Houses of the Legislature of a State at the same time?
- (A) Yes, if the Speaker permits membership of both Houses
- (B) Yes, but only for a temporary period specified by the State Legislature
- (C) No, no person shall be a member of both Houses of the Legislature of a State
- (D) Only if the President issues a notification allowing dual membership
24.What is the correct legal implication of the Explanation to Article 191(1)(a) regarding Ministers and offices of profit?
- (A) It means a person is not to be treated as holding an office of profit under the Government solely because he is a Minister, but he may still be disqualified if he holds some other office of profit.
- (B) It creates an absolute exemption so that a Minister can never be disqualified on account of holding any office of profit.
- (C) It applies only to Union Ministers and not to State Ministers.
- (D) It treats a Minister as holding an office of profit for all purposes except disqualification.
25.A person sits in the State Legislative Assembly before taking the oath required by Article 188, but takes the oath later the same day. Under Article 193, is he liable to the penalty for that day?
- (A) No — taking the oath later that day absolves liability for that day
- (B) Yes — liable for each day on which he sat or voted before complying with Article 188
- (C) No — penalty applies only if he never takes the oath at all
- (D) Yes — but only if the Speaker certifies the breach
26.According to Article 195, who determines the salaries and allowances of members of a State Legislature?
- (A) The Governor of the State
- (B) The Legislature of the State by law
- (C) The Parliament of India
- (D) The President of India
27.According to Article 197(3), which category of bills is excluded from the operation of Article 197?
- (A) Money Bills
- (B) Bills other than Money Bills
- (C) Financial Bills
- (D) Bills requiring President's prior recommendation
28.Which of the following correctly describes the power of a Legislative Council regarding amendments to a Money Bill?
- (A) The Legislative Council cannot itself amend a Money Bill but may return it with recommendations which the Assembly may accept or reject
- (B) The Legislative Council may amend and pass a Money Bill and send it back to the Assembly
- (C) The Legislative Council may require the Assembly to accept its amendments by a special resolution
- (D) The Legislative Council has no role; it cannot even suggest changes to a Money Bill
29.May the Governor return a Money Bill to the State Legislature for reconsideration under the proviso to Article 200?
- (A) Yes — the Governor can always return a Money Bill for reconsideration
- (B) Yes — but only with the President's prior approval
- (C) No — the Governor may return a Bill only if it is not a Money Bill
- (D) Only if the State Legislative Council agrees to reconsider
30.Who is required by Article 202 to lay the annual financial statement before the State Legislature?
- (A) The President of India
- (B) The State Legislature itself
- (C) The Governor of the State
- (D) The Chief Minister of the State
31.Under Article 203, can the Legislative Assembly increase the amount specified in a demand for a grant?
- (A) Yes, it may increase the amount if it deems fit
- (B) No, it can only assent, refuse, or assent subject to a reduction of the amount specified
- (C) Yes, but only with the Governor's express permission
- (D) Only the Finance Minister can propose an increase
32.Which of the following correctly states the effect of Articles 202, 203 and 204 as per Article 205(2)?
- (A) Articles 202–204 do not apply to supplementary statements, demands or related appropriation laws
- (B) Articles 202–204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising appropriation, just as they apply to the annual financial statement
- (C) Articles 202–204 apply only to demands for excess expenditure but not to statements for supplementary expenditure
- (D) Articles 202–204 apply only to the annual financial statement and cannot be extended to supplementary matters
33.Does Article 207(1) require the Governor's recommendation for the moving of an amendment that makes provision for the reduction or abolition of any tax?
- (A) Yes, recommendation is always required.
- (B) No, the proviso exempts such amendments from recommendation.
- (C) Only if the amendment increases any other tax.
- (D) Only in States with a Legislative Council.
34.Under Article 209 of the Constitution of India, the State Legislature may regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to which of the following?
- (A) Any financial matter or any Bill for the appropriation of moneys out of the Consolidated Fund of the State
- (B) Criminal and civil litigation procedure
- (C) Organisation and functions of the State executive
- (D) Appointment and removal of judges
35.Article 210 begins with 'Notwithstanding anything in Part XVII, but subject to the provisions of article 348.' Which statement best describes the legal relationship implied by this wording?
- (A) Article 210 overrides any contrary provision in Part XVII but remains subject to Article 348
- (B) Part XVII overrides Article 210 in case of conflict, and Article 348 is subordinate to Article 210
- (C) Article 348 overrides Article 210, which in turn overrides Part XVII
- (D) Article 210 overrides both Part XVII and Article 348 in all respects
36.If the Speaker of a State Assembly suspends a member to maintain order during a sitting, can a court exercise jurisdiction over that suspension under Article 212(2)?
- (A) Yes, a court can always review such disciplinary actions
- (B) No, courts cannot have jurisdiction in respect of the exercise by him of those powers
- (C) Yes, but only with prior leave of the State Governor
- (D) Only if the suspension relates to financial matters
37.If Article 214 were repealed, which of the following would be the direct legal effect?
- (A) The Supreme Court would cease to exist.
- (B) High Courts would become superior to the Constitution.
- (C) The constitutional provision mandating a High Court for each State would be removed.
- (D) States would be required to have multiple High Courts.
38.Does Article 216 prescribe a fixed number of judges for a High Court?
- (A) Yes — it prescribes a fixed number of judges
- (B) Yes — it prescribes a minimum of two judges
- (C) No — it does not prescribe a fixed number and allows the President to appoint judges as deemed necessary
- (D) Yes — the Chief Justice determines the fixed number
39.What substitution does Article 218 require when applying clauses (4) and (5) of Article 124 to a High Court?
- (A) References to the Supreme Court are to be read as references to the High Court
- (B) References to the High Court are to be read as references to the Supreme Court
- (C) References to the Supreme Court are to be read as references to any court
- (D) No substitution is required; the clauses apply verbatim
40.Under Article 220, which category of person is specifically restricted from pleading or acting in courts or before authorities in India?
- (A) A person who, after the commencement of the Constitution, has held office as a permanent Judge of a High Court
- (B) A person who has served as an acting or temporary Judge of a High Court
- (C) Any advocate enrolled with a State Bar Council
- (D) A person who has been a permanent Judge of the Supreme Court
41.Under Article 221(2), who is empowered to determine a Judge's allowances and rights in respect of leave and pension?
- (A) The President of India
- (B) The High Courts themselves
- (C) State Legislatures
- (D) By or under law made by Parliament
42.Can the President, under Article 223, appoint a judge from a different High Court to perform the duties of the Chief Justice of a particular High Court?
- (A) Yes — the President may appoint any judge from any High Court
- (B) Yes — but only with parliamentary approval
- (C) Yes — but only if the other High Court consents
- (D) No — the duties shall be performed by one of the other Judges of the Court (i.e., of that High Court) as the President may appoint
43.Before the Chief Justice of a High Court can request a former judge to sit under Article 224A, which prior consent is required?
- (A) Previous consent of the Governor of the State
- (B) Previous consent of the President
- (C) Previous approval of Parliament
- (D) Previous recommendation of the Chief Justice of India
44.If a pre‑commencement practice of a High Court conflicts with a provision of the new Constitution, what is the effect under Article 225?
- (A) The pre‑commencement practice continues unchanged despite the constitutional provision.
- (B) The pre‑commencement practice is preserved unless and until the appropriate Legislature passes a law to change it; the Constitution is not relevant.
- (C) The pre‑commencement jurisdiction or practice is preserved only to the extent consistent with the provisions of the Constitution, i.e., constitutional provisions will override inconsistent pre‑existing position.
- (D) It is left to the individual High Court judges to choose whether to follow the Constitution or the pre‑commencement practice.
45.Does Article 227 permit a High Court to exercise its superintendence over courts or tribunals constituted by or under any law relating to the Armed Forces?
- (A) Yes, in all respects
- (B) No, Article 227 excludes such courts and tribunals
- (C) Yes, but only for prescribing forms and fees
- (D) Yes, but only with the Governor's prior approval
46.According to Article 229, upon which fund are the administrative expenses of a High Court charged?
- (A) The Consolidated Fund of the State
- (B) The Consolidated Fund of India
- (C) A separate High Court Fund maintained by the Court
- (D) The Governor's Contingency Fund
47.Under Article 231 of the Constitution, what power is expressly given to Parliament?
- (A) To establish a common High Court for two or more States or for two or more States and a Union territory
- (B) To merge two or more High Courts into a single State High Court
- (C) To abolish High Courts and transfer their jurisdiction to the Supreme Court
- (D) To appoint the Chief Justice of every High Court
48.Which statement best describes the High Court's role under Article 233 regarding appointment, posting and promotion of district judges?
- (A) The Governor alone appoints, posts and promotes district judges without involving the High Court
- (B) The Governor must consult the High Court in appointments, postings and promotions; additionally, a person not already in service must be recommended by the High Court to be eligible
- (C) The High Court alone appoints district judges and forwards recommendations to the Governor only for record
- (D) Only the High Court can recommend candidates and the Governor has only a formal role
49.Who is empowered to make the rules 'in that behalf' governing these appointments under Article 234?
- (A) The State Legislature
- (B) The High Court exercising jurisdiction in relation to the State
- (C) The Governor of the State
- (D) The State Public Service Commission
50.How does Article 236(b) define the expression "judicial service"?
- (A) Service of all court administrative and ministerial staff
- (B) Service only of sessions judges
- (C) Service of High Court judges and below
- (D) A service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge
Answer key
Explanations
- 1. (B) The provision states, "In this Part, unless the context otherwise requires, the expression 'State' does not include the State of Jammu and Kashmir." It therefore declares that within this Part the expression 'State' excludes Jammu and Kashmir.
- 2. (D) The proviso uses the phrase 'two or more States,' which by its wording permits the same person to be appointed Governor of three (or more) States; no additional conditions are stated in the article.
- 3. (A) The provision reads that the Governor 'shall be appointed by the President by warrant under his hand and seal,' which specifies the form or instrument (a warrant under his hand and seal) used for appointment.
- 4. (A) Article 157 states that no person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years. Therefore being a citizen of India is a mandatory qualification under this provision.
- 5. (A) Article 158(3) provides that the Governor shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law (and until then those in the Second Schedule). Article 158(4) then states that those emoluments and allowances shall not be diminished during his term of office, so Parliament cannot diminish them for that term.
- 6. (D) The text confines the power to provision for "the discharge of the functions of the Governor of a State." It does not mention other offices, so its scope is limited to the Governor.
- 7. (C) The opening words 'Subject to the provisions of this Constitution' expressly make the State's executive power subservient to and regulated by the Constitution. Thus the State's executive authority operates within constitutional limits rather than being unrestricted or superior to Parliament.
- 8. (A) Article 164(1) states that 'The Chief Minister shall be appointed by the Governor.' This clause expressly vests the appointment power for the Chief Minister in the Governor.
- 9. (B) Clause (3) explicitly provides that 'The Advocate‑General shall hold office during the pleasure of the Governor,' which means there is no fixed tenure specified in the Article itself.
- 10. (C) Article 167(c) provides that "if the Governor so requires, [the Chief Minister is] to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council." The duty to submit arises only when the Governor requires it.
- 11. (B) Clause (1) requires the Assembly to pass a resolution by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting. Both conditions are mandated by the text.
- 12. (C) The final proviso to clause (3) specifies that until the relevant figures for the first census taken after 2026 have been published, it shall not be necessary to readjust (i) the total number of seats as readjusted on the basis of the 1971 census, and (ii) the division of the State into territorial constituencies as may be readjusted on the basis of the 2001 census. This preserves those aspects until the stated figures are published.
- 13. (D) Article 172(1) expressly states that the Assembly shall continue for five years from the date appointed for its first meeting and no longer, and that the expiration of the said period of five years shall operate as a dissolution of the Assembly.
- 14. (B) Article 174(2)(a) explicitly states the Governor may "prorogue the House or either House." Dissolution of a House is mentioned only for the Legislative Assembly in clause (2)(b), not the Council.
- 15. (C) Article 176(1) states that the Governor shall address the Assembly at the commencement of the first session after each general election to the Assembly and at the commencement of the first session of each year. The provision lists these two specific occasions, not every session.
- 16. (B) Article 177's clause states that they 'shall not, by virtue of this article, be entitled to vote,' which indicates that the article itself does not grant voting rights; it only grants rights to speak and take part. The text does not itself address any voting rights that might arise under other provisions.
- 17. (C) Clause (c) provides that removal is by a resolution passed by a majority of all the then members of the Assembly, i.e., an absolute majority of the whole membership, not merely those present and voting.
- 18. (A) Article 181(1) mirrors the rule for the Deputy Speaker: "while any resolution for the removal of the Deputy Speaker . . . the Deputy Speaker shall not, though he is present, preside." Therefore the Deputy Speaker is disqualified from presiding during consideration of his own removal.
- 19. (C) Clause (b) specifies that if the member is the Deputy Chairman, his resignation must be by writing under his hand addressed to the Chairman. The provision does not provide for address to the Governor, Chief Minister, or Secretary.
- 20. (A) Article 184(1) expressly states that while the office of Chairman is vacant, the duties shall be performed by the Deputy Chairman. The Governor's power to appoint a member arises only if the office of Deputy Chairman is also vacant, so the Governor cannot appoint while a Deputy Chairman exists.
- 21. (C) The provision uses the phrase "may be respectively fixed by the Legislature of the State by law," which indicates the Legislature may fix salaries and allowances separately (respectively) for the offices named.
- 22. (D) The provision specifies the oath or affirmation shall be made and subscribed 'before the Governor, or some person appointed in that behalf by him.' No other officer is mentioned.
- 23. (C) Article 190(1) expressly states "No person shall be a member of both Houses of the Legislature of a State." The provision requires the State Legislature by law to provide for vacation of one seat if a person is chosen to both Houses.
- 24. (A) The Explanation states a person shall not be deemed to hold an office of profit under the Government by reason only that he is a Minister, which is a limited exemption. Therefore a Minister is not automatically exempt from disqualification if he holds another office of profit beyond the ministerial position.
- 25. (B) Article 193 makes a person liable 'in respect of each day on which he so sits or votes' before complying with Article 188. Therefore if he sat before complying (even if he takes the oath later the same day), the provision imposes the daily penalty for that day.
- 26. (B) Article 195 states salaries and allowances "as may from time to time be determined, by the Legislature of the State by law." Thus the State Legislature, by law, determines them.
- 27. (A) Article 197(3) states that nothing in this article shall apply to a Money Bill, so Money Bills are excluded from Article 197's procedure. The text expressly singles out Money Bills as exempt.
- 28. (A) Clause (2) shows the Council's role is to return the Bill with its recommendations; it does not amend the Bill itself. The Assembly may accept or reject all or any of those recommendations.
- 29. (C) The proviso expressly allows the Governor to return a Bill only if it is not a Money Bill. Thus a Money Bill cannot be returned to the Legislature for reconsideration under this provision.
- 30. (C) Article 202(1) expressly provides that the Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State the annual financial statement. Therefore the Governor is the constitutional functionary who lays it.
- 31. (B) Article 203(2) confines the Assembly's power to assent, refuse, or assent subject to a reduction of the amount specified; it does not provide for increasing the amount. Hence the Assembly cannot increase the amount specified in a demand.
- 32. (B) Article 205(2) explicitly provides that the provisions of Articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and to any law authorising appropriation, in the same way as they apply to the annual financial statement. Thus they do apply to supplementary matters.
- 33. (B) The proviso to Article 207(1) expressly provides that "no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax." Thus such amendments need no Governor's recommendation.
- 34. (A) Article 209 expressly authorises regulation by law of procedure and conduct of business “in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State.” The provision is therefore limited to financial matters and appropriation Bills.
- 35. (A) The phrase 'Notwithstanding anything in Part XVII' means Article 210 operates despite Part XVII; the phrase 'but subject to the provisions of article 348' makes Article 210 subordinate to Article 348. Thus Article 210 overrides Part XVII but is subject to Article 348.
- 36. (B) Article 212(2) expressly states such officers "shall not be subject to the jurisdiction of any court in respect of the exercise by him of those powers" related to regulating procedure or maintaining order. Therefore a court cannot exercise jurisdiction over the Speaker's exercise of those powers under this provision.
- 37. (C) Repealing Article 214 would remove the specific constitutional statement "There shall be a High Court for each State." The repeal would not, by itself, abolish the Supreme Court, make High Courts superior to the Constitution, or mandate multiple High Courts for States.
- 38. (C) The provision states judges are "such other Judges as the President may from time to time deem it necessary to appoint," which indicates flexibility rather than a fixed numerical prescription. Therefore it does not set a fixed number.
- 39. (A) The provision requires the substitution of references to the High Court for references to the Supreme Court. Thus any reference to the Supreme Court in those clauses is read as a reference to the High Court when applied under Article 218.
- 40. (A) Article 220 states: "No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act...". Thus the restriction is specifically on those who have held office as permanent Judges of a High Court after commencement of the Constitution.
- 41. (D) Article 221(2) provides that every Judge shall be entitled to allowances and rights in respect of leave and pension as may from time to time be determined by or under law made by Parliament. It clearly contemplates determination by Parliament (including laws made under Parliament).
- 42. (D) Article 223 specifies the duties "shall be performed by such one of the other Judges of the Court as the President may appoint." The phrase "of the Court" indicates the judge must be one of the other judges of that High Court, not from a different High Court.
- 43. (B) The provision states: 'with the previous consent of the President, request any person...' indicating that the Chief Justice's request must be made with the previous consent of the President.
- 44. (C) Article 225 begins "Subject to the provisions of this Constitution ... the jurisdiction ... shall be the same as immediately before the commencement of this Constitution," which means the pre‑existing position is preserved only insofar as it is consistent with constitutional provisions; constitutional provisions therefore override inconsistent pre‑existing practices.
- 45. (B) Clause (4) expressly provides that nothing in Article 227 shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. Thus such courts are excluded from Article 227 superintendence.
- 46. (A) Article 229(3) explicitly provides that the administrative expenses of a High Court, including salaries, allowances and pensions, shall be charged upon the Consolidated Fund of the State. It also states that any fees or moneys taken by the Court shall form part of that Fund.
- 47. (A) Article 231(1) states that Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory. The provision deals only with establishment of a common High Court, not appointments or abolition of High Courts.
- 48. (B) Article 233(1) requires appointments, posting and promotion of district judges to be made by the Governor 'in consultation with the High Court.' Article 233(2) adds that a person not already in service must 'be recommended by the High Court' to be eligible. Together these show both consultative and recommendatory roles.
- 49. (C) Article 234 specifies appointments are 'in accordance with rules made by him in that behalf,' where 'him' refers to the Governor. Thus the Governor makes the governing rules for these appointments.
- 50. (D) Clause (b) defines "judicial service" as "a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge." It therefore excludes general court administrative staff and other categories not so described.