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Practice paper — Constitution Part VIII — The Union Territories

34 questions · answer key at the end · no time limit

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  1. 1.Under Article 239(1), who is primarily responsible for administering every Union territory?

    • (A) Parliament
    • (B) The Governor of the adjoining State
    • (C) The President acting through an administrator appointed by him
    • (D) The Chief Minister of the territory

  2. 2.Who may be appointed as the administrator of an adjoining Union territory under Article 239(2)?

    • (A) The Prime Minister
    • (B) The Governor of a State
    • (C) A member of Parliament
    • (D) The Chief Justice of the High Court

  3. 3.What is the effect of the phrase 'Save as otherwise provided by Parliament by law' in Article 239(1)?

    • (A) Parliament may, by law, provide otherwise and depart from the administration scheme in Article 239(1)
    • (B) The President cannot change the administration except through a constitutional amendment
    • (C) Only the Supreme Court can alter the administration of Union territories
    • (D) State legislatures may override Article 239(1) by enacting laws

  4. 4.When a Governor is appointed under Article 239(2) as administrator of an adjoining Union territory, how must he exercise his functions as such administrator?

    • (A) He must act on the advice of his State Council of Ministers
    • (B) He must act on the advice of the Union Council of Ministers
    • (C) He must act only with prior approval of Parliament
    • (D) He shall exercise his functions as such administrator independently of his Council of Ministers

  5. 5.What is the legal significance of the opening words 'Notwithstanding anything contained in Part VI' in Article 239(2)?

    • (A) It makes Article 239(2) subject to the provisions of Part VI
    • (B) It makes Article 239(2) operate despite any inconsistency with Part VI
    • (C) It limits the appointment of a Governor as administrator to situations expressly mentioned in Part VI
    • (D) It requires the Governor to follow Part VI procedures before acting as administrator

  6. 6.Under Article 239A, Parliament may by law create for the Union territory of Puducherry:

    • (A) Only a Legislature
    • (B) Only a Council of Ministers
    • (C) A Legislature, a Council of Ministers, or both
    • (D) Neither a Legislature nor a Council of Ministers

  7. 7.According to Article 239A(2), a law made under clause (1) that contains provisions amending the Constitution shall be:

    • (A) Deemed to be an amendment of the Constitution for purposes of Article 368
    • (B) Not deemed to be an amendment of the Constitution for purposes of Article 368
    • (C) Deemed invalid unless passed as a constitutional amendment
    • (D) Subject to prior approval by state legislatures

  8. 8.Does Article 239A authorize Parliament to create a Legislature or Council of Ministers for any Union territory other than Puducherry?

    • (A) No — it is specific to the Union territory of Puducherry
    • (B) Yes — for any Union territory
    • (C) Yes — but only for Union territories with existing legislatures
    • (D) Yes — and also for States

  9. 9.Can a law under Article 239A(1) include provisions that amend or have the effect of amending the Constitution, and if so how are such provisions treated for the purposes of Article 368?

    • (A) No; such provisions are not permitted
    • (B) Yes; but they must be enacted as constitutional amendments under Article 368
    • (C) Yes; but they are automatically deemed amendments for Article 368
    • (D) Yes; they may be included and shall not be deemed an amendment for Article 368

  10. 10.Which of the following compositions of a Legislature is NOT expressly authorised by Article 239A(1)(a)?

    • (A) A legislature wholly elected
    • (B) A legislature partly nominated and partly elected
    • (C) A legislature wholly nominated
    • (D) A legislature described as "elected or partly nominated and partly elected"

  11. 11.According to Article 239AA(1), what is the Union territory of Delhi called?

    • (A) The National Capital Territory of Delhi
    • (B) The National Capital Region of Delhi
    • (C) The State of Delhi
    • (D) The Union Territory of Delhi

  12. 12.What is the maximum strength of the Council of Ministers for the National Capital Territory and who heads it as per Article 239AA(4)?

    • (A) Not more than 15% of Assembly members, headed by the Lieutenant Governor
    • (B) Not more than 5% of Assembly members, headed by the Chief Minister
    • (C) Not more than 10% of Assembly members, headed by the Chief Minister
    • (D) No numerical limit, headed by the Chief Minister

  13. 13.Article 239AA(3)(a) restricts the Assembly's law-making powers. Which of the following best describes matters on which the Legislative Assembly of the NCT cannot legislate?

    • (A) It cannot legislate on any Entry in the Union List.
    • (B) It cannot legislate on Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List insofar as they relate to Entries 1, 2 and 18.
    • (C) It cannot legislate on matters in the Concurrent List.
    • (D) It cannot legislate on taxation matters generally.

  14. 14.Under Article 239AA(3)(c) and its proviso, if a law made by the Legislative Assembly is repugnant to a law made by Parliament on the same matter, which statement is correct?

    • (A) The law made by the Legislative Assembly always prevails.
    • (B) The law made by Parliament always prevails, and there is no exception.
    • (C) Both laws are inoperative until Parliament decides which to retain.
    • (D) Parliamentary law prevails, but if the Assembly law was reserved for the President and has received his assent, the Assembly law shall prevail in the National Capital Territory.

  15. 15.Under Article 239AB, the President may act 'on receipt of a report from' which authority (or otherwise)?

    • (A) The Lieutenant Governor
    • (B) The Chief Minister
    • (C) The Speaker of the Assembly
    • (D) The Governor of a State

  16. 16.What may the President suspend under Article 239AB when satisfied about the administration of the National Capital Territory?

    • (A) The entire Constitution of India
    • (B) The powers of the Parliament
    • (C) The operation of any provision of Article 239AA or of any provision of laws made in pursuance of that article
    • (D) Fundamental rights guaranteed by Part III

  17. 17.According to Article 239AB, who determines the period and conditions for which the President may suspend provisions of Article 239AA or laws made under it?

    • (A) The President alone by order
    • (B) As may be specified in such law (i.e., the law made in pursuance of Article 239AA)
    • (C) The Lieutenant Governor
    • (D) The Supreme Court by judicial direction

  18. 18.Must the President act only upon receiving a report from the Lieutenant Governor before invoking Article 239AB?

    • (A) Yes — action is allowed only on a Lieutenant Governor's report
    • (B) Yes — action requires both a Lieutenant Governor report and Assembly resolution
    • (C) No — action is allowed only on a Supreme Court reference
    • (D) No — the President may act 'on receipt of a report from the Lieutenant Governor or otherwise', i.e., a report is not the sole prerequisite

  19. 19.Can the President, under Article 239AB, permanently repeal Article 239AA by issuing an order suspending it?

    • (A) Yes — the President may permanently repeal Article 239AA by order
    • (B) No — the provision allows only suspension of operation for such period and subject to such conditions as may be specified in such law
    • (C) Yes — but only with the approval of Parliament
    • (D) No — the President may only suspend laws made in pursuance of Article 239AA, not Article 239AA itself

  20. 20.Who is empowered by Article 239B to promulgate Ordinances for the Union territory of Puducherry when the Legislature is not in session?

    • (A) The President of India
    • (B) The Administrator of the Union territory of Puducherry
    • (C) The Governor of the neighbouring State
    • (D) The Chief Minister of Puducherry

  21. 21.Before promulgating an Ordinance under Article 239B, what procedural requirement must the administrator satisfy?

    • (A) No procedural requirement is stated; the administrator acts independently
    • (B) He must obtain approval from the Legislature after reassembly
    • (C) He must obtain instructions from the President
    • (D) He must obtain concurrence of the Prime Minister

  22. 22.When an Ordinance promulgated under Article 239B is laid before the Legislature, under what condition will it cease to operate?

    • (A) It ceases to operate immediately if the President withdraws his instructions
    • (B) It continues indefinitely unless repealed by a law of the Parliament
    • (C) It ceases to operate after three months from promulgation
    • (D) It ceases to operate at the expiration of six weeks from the reassembly of the Legislature or earlier if a resolution disapproving it is passed

  23. 23.May an Ordinance promulgated under Article 239B be withdrawn, and if so on what terms?

    • (A) Yes — it may be withdrawn at any time by the administrator after obtaining instructions from the President
    • (B) No — only the Legislature may withdraw an Ordinance once promulgated
    • (C) Yes — the administrator may withdraw it unilaterally without any further instruction
    • (D) Yes — but only before the Legislature reassembles

  24. 24.If the Legislature of Puducherry is suspended, can the administrator promulgate Ordinances under Article 239B?

    • (A) No — suspension of the Legislature always bars promulgation of Ordinances
    • (B) No — Ordinances can be promulgated only when the Legislature is dissolved
    • (C) Yes — unless the suspension is on account of action taken under a law referred to in clause (1) of Article 239A, in which case promulgation is prohibited
    • (D) Yes — but only with retrospective approval by the Legislature

  25. 25.Which of the following Union territories are specifically listed in Article 240 as territories for which the President may make regulations?

    • (A) Andaman and Nicobar Islands; Lakshadweep; Dadra and Nagar Haveli; Daman and Diu; Puducherry
    • (B) Andaman and Nicobar Islands; Lakshadweep; Chandigarh; Daman and Diu; Puducherry
    • (C) Delhi; Lakshadweep; Dadra and Nagar Haveli; Daman and Diu; Puducherry
    • (D) Andaman and Nicobar Islands; Goa; Dadra and Nagar Haveli; Daman and Diu; Puducherry

  26. 26.According to Article 240(2), what is the legal effect of a regulation made by the President for a Union territory when promulgated?

    • (A) It is only advisory to the Union territory executive and has no legislative force.
    • (B) It has the force of an executive order and cannot amend Acts of Parliament.
    • (C) It has the same force and effect as an Act of Parliament which applies to that territory.
    • (D) It is valid only if subsequently approved by the Legislature of the Union territory.

  27. 27.If a body is created under Article 239A to function as a Legislature for Puducherry, from when does Article 240 prohibit the President from making regulations for Puducherry?

    • (A) From the date the body is created under Article 239A.
    • (B) From the date appointed for the first meeting of that Legislature.
    • (C) From the date the enabling law under Article 239A is enacted by Parliament.
    • (D) The President is never prohibited and may always make regulations.

  28. 28.Under Article 240, in which of the following situations may the President make regulations for Puducherry despite the existence of a body functioning as a Legislature under Article 239A?

    • (A) Whenever the Legislature exists but has not yet passed any local laws.
    • (B) Only after Parliament enacts a specific enabling statute allowing the President to act.
    • (C) Only during a national emergency declared under the Constitution.
    • (D) During the period when the Legislature is dissolved or its functioning is suspended on account of action under the law referred to in clause (1) of Article 239A.

  29. 29.A Legislature for Puducherry is created under Article 239A but the date appointed for its first meeting has not yet arrived. Can the President continue to make regulations for Puducherry under Article 240 during this interim?

    • (A) No — the President's power ceases immediately upon creation of the Legislature.
    • (B) Yes — but only if the President expressly consults the newly created Legislature.
    • (C) Yes — the President may continue to make regulations until the date appointed for the first meeting of the Legislature.
    • (D) Only if the President first obtains approval from Parliament.

  30. 30.Under Article 241, who may by law constitute a High Court for a Union territory?

    • (A) Parliament
    • (B) The President
    • (C) The Legislature of the Union territory
    • (D) The Supreme Court

  31. 31.Which provisions apply to a High Court constituted for a Union territory under Article 241?

    • (A) Provisions of Chapter IV of Part V
    • (B) Provisions of Chapter V of Part VI
    • (C) Provisions of Chapter I of Part III
    • (D) Provisions of Chapter II of Part IX

  32. 32.Can Parliament declare an existing court in a Union territory to be a High Court, and if so, to what extent according to Article 241?

    • (A) No — only newly created courts can be High Courts.
    • (B) Yes — but only with full jurisdiction over all matters.
    • (C) Yes — Parliament may declare any such court to be a High Court for all or any of the purposes of the Constitution.
    • (D) Yes — but only for civil matters.

  33. 33.A High Court exercising jurisdiction in a Union territory immediately before commencement of the Constitution (Seventh Amendment) Act, 1956 — under Article 241, may it continue after that commencement and on what terms?

    • (A) It continues unconditionally without any limitation.
    • (B) It ceases to exercise jurisdiction unless Parliament re-enacts its powers.
    • (C) It continues only if the Supreme Court gives approval.
    • (D) It continues subject to the provisions of the Constitution and to any law of the appropriate Legislature made under powers conferred by the Constitution.

  34. 34.Does Article 241 derogate from Parliament's power to extend or exclude the jurisdiction of a State High Court to or from a Union territory?

    • (A) Yes — Article 241 restricts Parliament from altering such jurisdiction.
    • (B) No — Article 241 does not derogate from Parliament's power; Parliament may extend or exclude such jurisdiction.
    • (C) Yes — except where the appropriate Legislature enacts a law permitting it.
    • (D) No — but only with the consent of the State concerned.

Answer key

1. C2. B3. A4. D5. B6. C7. B8. A9. D10. C11. A12. C13. B14. D15. A16. C17. B18. D19. B20. B21. C22. D23. A24. C25. A26. C27. B28. D29. C30. A31. B32. C33. D34. B

Explanations

  1. 1. (C) Article 239(1) provides that every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him. Thus administration is vested in the President acting through an appointed administrator.
  2. 2. (B) Article 239(2) states that the President may appoint the Governor of a State as the administrator of an adjoining Union territory. The provision expressly names the Governor of a State as a person who may be appointed.
  3. 3. (A) Article 239(1) begins with 'Save as otherwise provided by Parliament by law', which means Parliament may, by law, provide an alternative arrangement to the default scheme set out in clause (1). Therefore Parliament can lawfully provide otherwise to the administration method described.
  4. 4. (D) Article 239(2) explicitly provides that where a Governor is appointed as administrator, he shall exercise his functions as such administrator independently of his Council of Ministers. The clause makes the administrator's exercise of functions independent of the State Council of Ministers.
  5. 5. (B) The phrase 'Notwithstanding anything contained in Part VI' in Article 239(2) indicates that clause (2) will have effect even if it conflicts with provisions in Part VI. Thus the power to appoint a Governor as administrator is to operate despite anything in Part VI.
  6. 6. (C) Article 239A(1) expressly allows Parliament to create for Puducherry (a) a body to function as a Legislature, or (b) a Council of Ministers, or (c) both. Therefore Parliament may create a Legislature, a Council of Ministers, or both as specified by law.
  7. 7. (B) Article 239A(2) states that any law referred to in clause (1) shall not be deemed to be an amendment of the Constitution for the purposes of Article 368, notwithstanding that it contains provisions which amend or have the effect of amending the Constitution.
  8. 8. (A) Article 239A(1) begins by specifying the power is "for the Union territory of Puducherry." The provision is therefore specific to Puducherry and does not on its face extend the same power to other Union territories or States.
  9. 9. (D) Article 239A(2) makes clear that a law under clause (1) may contain provisions which amend or have the effect of amending the Constitution, yet such a law "shall not be deemed to be an amendment of this Constitution for the purposes of article 368." Thus such provisions may be included but are not treated as Article 368 amendments.
  10. 10. (C) Article 239A(1)(a) authorises a body "whether elected or partly nominated and partly elected" to function as a Legislature. It does not authorise a legislature that is wholly nominated; the authorised forms are elected, or partly nominated and partly elected.
  11. 11. (A) Article 239AA(1) states that the Union territory of Delhi shall be called the National Capital Territory of Delhi. The provision expressly designates this name and the administrator as Lieutenant Governor.
  12. 12. (C) Article 239AA(4) provides that there shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head. The clause sets both the numerical cap and the head of the Council.
  13. 13. (B) Article 239AA(3)(a) expressly allows the Assembly to legislate on State and Concurrent List matters except for Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to Entries 1, 2 and 18. The provision is a specific exception to its legislative competence.
  14. 14. (D) Article 239AA(3)(c) states that where a law by the Assembly is repugnant to a law by Parliament, the Parliamentary law shall prevail and the Assembly law is void to the extent of repugnancy. The proviso qualifies this by providing that if the Assembly law was reserved for the President and has received his assent, such Assembly law shall prevail in the National Capital Territory.
  15. 15. (A) The provision begins with the phrase 'If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied...' indicating the Lieutenant Governor is expressly named as a source of the report that may prompt action by the President.
  16. 16. (C) Article 239AB authorises the President to 'suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article.' It does not authorise suspension of the entire Constitution, Parliament's powers, or Part III rights by the text provided.
  17. 17. (B) The provision states suspension may be 'for such period and subject to such conditions as may be specified in such law,' indicating that the period and conditions are those specified in the relevant law made in pursuance of Article 239AA rather than solely by the President, LG or court.
  18. 18. (D) Article 239AB expressly uses the phrase 'on receipt of a report from the Lieutenant Governor or otherwise,' which shows the President may act on a Lieutenant Governor's report or on other grounds; a LG report is not an absolute prerequisite.
  19. 19. (B) Article 239AB permits the President to 'suspend the operation of any provision of article 239AA ... for such period and subject to such conditions as may be specified in such law.' The text speaks of suspension for a period and conditions, not of permanent repeal.
  20. 20. (B) Article 239B(1) states that the administrator of the Union territory of Puducherry may promulgate Ordinances when the Legislature is not in session. The provision names the administrator (of Puducherry) as the authority to take such action.
  21. 21. (C) The first proviso to Article 239B(1) explicitly provides that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President. Thus presidential instructions are required before promulgation.
  22. 22. (D) Article 239B(2)(a) states that every such Ordinance shall be laid before the Legislature and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or sooner if the Legislature passes a resolution disapproving it. This sets the statutory cessation period.
  23. 23. (A) Article 239B(2)(b) expressly provides that an Ordinance may be withdrawn at any time by the administrator after obtaining instructions from the President. Withdrawal therefore requires presidential instructions, not unilateral action or legislative action.
  24. 24. (C) The second proviso to Article 239B(1) prohibits promulgation when the Legislature is dissolved or when its functioning remains suspended on account of action taken under a law referred to in clause (1) of Article 239A. By implication, suspension for other reasons is not covered by that proviso, so promulgation would not be barred by this specific prohibition.
  25. 25. (A) Article 240(1) explicitly lists (a) Andaman and Nicobar Islands, (b) Lakshadweep, (c) Dadra and Nagar Haveli, (d) Daman and Diu and (e) Puducherry as the Union territories for which the President may make regulations. The other options substitute territories not in that list.
  26. 26. (C) Article 240(2) states that any regulation so made, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory. The provision also permits such regulations to repeal or amend any Act made by Parliament or any other law applicable to the territory.
  27. 27. (B) The proviso to Article 240(1) provides that when a body is created under Article 239A to function as a Legislature for Puducherry, the President shall not make any regulation for that Union territory with effect from the date appointed for the first meeting of the Legislature. Thus the prohibition is keyed to the date appointed for the first meeting.
  28. 28. (D) The second proviso to Article 240(1) states that whenever the body functioning as a Legislature for Puducherry is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of Article 239A, the President may, during the period of such dissolution or suspension, make regulations. The other options are not provided for in the text.
  29. 29. (C) The proviso to Article 240(1) specifies that the President shall not make any regulation for Puducherry with effect from the date appointed for the first meeting of the Legislature. By implication, prior to that appointed date the bar has not taken effect, so the President may continue to make regulations until that date.
  30. 30. (A) Clause (1) states: 'Parliament may by law constitute a High Court for a Union territory...' — therefore Parliament has the power to constitute such a High Court.
  31. 31. (B) Clause (2) provides that 'The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1)...' — thus Chapter V of Part VI applies.
  32. 32. (C) Clause (1) explicitly allows Parliament to 'declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution,' so Parliament can confer either full or limited High Court status.
  33. 33. (D) Clause (3) states such High Courts 'shall continue to exercise such jurisdiction... subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution.'
  34. 34. (B) Clause (4) expressly provides: 'Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof,' so Parliament's power is preserved.

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