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INDIAN POLITY > 35.Governor Consent for bill || Union Judiciary > Flashcards

35.Governor Consent for bill || Union Judiciary Flashcards

1
Q

According to Article 198, where can a Money Bill be introduced?

A

A Money Bill can only be introduced in the Legislative Assembly.

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2
Q

What is the similarity between Lok Sabha and Legislative Assemblies?

A

Both Lok Sabha and Legislative Assemblies have more power than the Legislative Council.

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3
Q

What is required to introduce a money bill?

A

Governor’s recommendation is required to introduce a money bill.

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4
Q

What is required for the certification of a money bill?

A

Speaker’s certification is required for a money bill.

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5
Q

What is the role of the Legislative Council despite not having the same powers as Rajya Sabha?

A

The Legislative Council is still a useful body.

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6
Q

How does the Legislative Council achieve wide representation from the state?

A

The members of the Legislative Council are elected or nominated from various fields.

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7
Q

What is the purpose of the Legislative Council in relation to hasty legislation?

A

The Legislative Council helps in stopping the hasty legislation of a Legislative Assembly.

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8
Q

How many options does the governor have under Article 200 when a bill is sent to them?

A

The governor has four options under Article 200.

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9
Q

What are the four options available to the governor under Article 200?

A

The options available to the governor are:

1.Assent the bill.
2.Withhold the bill.
3.Reserve it for the President (Compulsory for bills derogating powers of High Court).
4.Return the bill if it is a money bill.

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10
Q

What happens when a money bill is returned by the governor?

A

When a money bill is returned, it must be presented to the governor again, and the governor has to give the assent to the bill.

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11
Q

How many times can a suspension of the bill occur in the case of suspensive veto?

A

In the case of suspensive veto, the suspension of the bill can only happen once.

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12
Q

How many options does the President have when a bill is reserved for their consideration?

A

The President has three options when a bill is reserved for their consideration.

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13
Q

What are the three options available to the President when a bill is reserved for their consideration?

A

The options available to the President are:

1.Give assent to the bill.
2.Withhold the assent.
3.Return the bill (if not a money bill).

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14
Q

What happens if a bill is returned to the house after being reserved for the President’s consideration?

A

If a bill is returned to the house, the house has to reconsider it within six months.

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15
Q

What should the state legislature do if they pass the bill again with or without any amendments or changes?

A

If the state legislature passes the bill again with or without any amendments or changes, it must present the bill to the President again.

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16
Q

Is the President bound to give approval to the bill when it is presented again after reconsideration?

A

No, in this case, the President is not bound to give their approval to the bill, as was the case for Parliamentary bills.

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17
Q

What is the role of the council of ministers in relation to the governor?

A

The council of ministers with a chief minister aids and advises the governor.

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18
Q

In which situations can the governor act according to their discretion?

A

The governor can act according to their discretion in dealing with 6th Schedule Areas and in special provisions under Article 371A, 371B, etc. (northeastern states).

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19
Q

What is the Supreme Court’s interpretation regarding the governor’s actions under Article 161?

A

The Supreme Court has held that the governor (under Article 72, the president) should act on aid and advice to the council of ministers, as stated in various cases like the Maru Ram case.

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20
Q

What is the Supreme Court’s interpretation regarding the governor’s actions under Article 161?

A

The Supreme Court has held that the governor (under Article 72, the president) should act on aid and advice to the council of ministers, as stated in various cases like the Maru Ram case.

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21
Q

What was the Court’s ruling in 1974 regarding the governor’s actions?

A

In 1974, the Court held that in the spheres of discretion, the governor can act on their own. Otherwise, they have to act on the advice of the council of ministers.

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22
Q

What are the three options available to the President regarding bills reserved for their consideration?

A

The options available to the President are:

1.Give approval to the bill.
2.Withhold assent to the bill.
3.Ask the Governor to return the bill to the state legislature for reconsideration (Not for Money Bill).

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23
Q

What should the state legislature do if they pass the bill again after it has been returned by the President?

A

If the state legislature passes the bill again with or without any amendments or changes, it must present the bill to the President again.

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24
Q

Is the President bound to give approval to the bill after it has been presented again?

A

No, in this case, the President is not bound to give their approval to the bill, as was the case for Parliamentary bills.

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25
Q

What are the categories of State Bills that must be reserved for the President’s consideration?

A

The categories are:
I. Bills which must be reserved for President’s consideration:
(i) Bills that derogate from the powers of the High Court.
(ii) Bills related to imposition of taxes on water or electricity in certain cases.
(iii) Bills falling within clause (4) (a) (ii) of Article 360 during a Financial Emergency.

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26
Q

What are the specific purposes for which Bills may be reserved for President’s consideration and assent?

A

The specific purposes are:
II. Bills which may be reserved for President’s consideration and assent for specific purposes:
(i) To secure immunity from the operation of Articles 14 and 19.
(ii) To ensure the operation of provisions despite repugnancy to a Union law or an existing law.
(iii) To impose restrictions on trade and commerce requiring Presidential sanction.

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27
Q

Give an example of a specific purpose for which a Bill may be reserved for the President’s consideration.

A

An example is a Bill relating to a subject enumerated in the Concurrent List, ensuring the operation of its provisions despite their repugnancy to a Union law or an existing law.

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28
Q

What is the role of the judiciary in relation to fundamental rights?

A

The judiciary is the protector of fundamental rights.

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29
Q

What is the role of the judiciary in terms of the constitution?

A

The judiciary is the final interpreter of the constitution.

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30
Q

What is the key job of the judiciary?

A

The key job of the judiciary is the adjudication of disputes.

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31
Q

How is the judiciary structured in India?

A

The judiciary in India is hierarchical, with the Supreme Court at the top, followed by High Courts, and then District Courts, etc.

32
Q

Why is the judiciary integrated in nature in India?

A

The judiciary in India is integrated in nature to ensure universal jurisprudence.

33
Q

Which articles of the Constitution deal with the Supreme Court?

A

Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, procedures, and more of the Supreme Court.

34
Q

Who is authorized to regulate the organization and functioning of the Supreme Court?

A

The Parliament is authorized to regulate the organization and functioning of the Supreme Court.

35
Q

Which articles of the Constitution mention the appointment of judges to the Supreme Court and High Courts?

A

The procedure of appointment of judges to the Supreme Court is mentioned in Article 124, and for High Courts, it is mentioned in Article 217.

36
Q

How many judges are currently in the Supreme Court?

A

The Supreme Court consists of thirty-four judges, including one Chief Justice and thirty-three other judges.

37
Q

When was the increase in the number of Supreme Court judges announced?

A

In 2019, the center notified an increase in the number of Supreme Court judges from thirty-one to thirty-four, including the Chief Justice of India.

38
Q

What does Article 124 of the Constitution establish?

A

Article 124 establishes the Supreme Court of India.

39
Q

How many judges were initially mentioned in Article 124?

A

Initially, Article 124 mentioned that there shall be a Chief Justice of India and, until prescribed by law, not more than seven other judges.

40
Q

What are the qualifications required to be appointed as a judge of the Supreme Court?

A

The qualifications for a judge of the Supreme Court are:

1.Citizenship of India.
2. (a) Five years of experience as a judge of a High Court (or high courts in succession); or
(b) Ten years of experience as an advocate of a High Court (or High Courts in succession); or
(c) Distinguished jurist in the opinion of the President.

41
Q

Is the tenure of a judge of the Supreme Court fixed in the Constitution?

A

No, the Constitution does not fix the tenure of a judge of the Supreme Court.

42
Q

What is the age limit for a judge of the Supreme Court?

A

A judge holds office until they attain the age of 65 years.

43
Q

How is the age of a judge determined if there is any question regarding it?

A

Any question regarding the age of a judge is to be determined by the authority and in the manner provided by Parliament.

44
Q

How can a judge of the Supreme Court resign from their office?

A

A judge can resign their office by writing to the President.

45
Q

How can a judge of the Supreme Court be removed from their office?

A

A judge can be removed from their office by the President on the recommendation of the Parliament.

46
Q

How can a judge of the Supreme Court be removed from office?

A

A judge of the Supreme Court can be removed from office by an order of the President, issued after an address by Parliament has been presented to him for such removal.

47
Q

What majority is required for the address by Parliament to remove a judge?

A

: The address for the removal of a judge must be supported by a special majority of each House of Parliament, which means a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.

48
Q

What are the grounds for the removal of a judge?

A

The grounds for the removal of a judge are proved misbehavior or incapacity.

49
Q

How is the procedure for the removal of a judge regulated?

A

The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court through the process of impeachment.

50
Q

Has any judge of the Supreme Court been impeached so far?

A

No, no judge of the Supreme Court has been impeached thus far.

51
Q

Who appoints the judges of the Supreme Court?

A

The judges of the Supreme Court are appointed by the President.

52
Q

How is the Chief Justice of India appointed?

A

The Chief Justice of India is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he deems necessary.

53
Q

How are the other judges of the Supreme Court appointed?

A

The other judges of the Supreme Court are appointed by the President after consultation with the Chief Justice of India and such other judges of the Supreme Court and High Courts as he deems necessary.

54
Q

Is consultation with the Chief Justice of India mandatory for the appointment of judges other than the Chief Justice?

A

Yes, consultation with the Chief Justice of India is obligatory for the appointment of judges other than the Chief Justice.

55
Q

What is the interpretation of the word ‘consultation’ in the provision?

A

The Supreme Court has given a different interpretation of the word ‘consultation’, which has been a matter of much controversy.

56
Q

What led to the formation of the collegium system for judicial appointments?

A

The lack of clarity on the binding nature of the Court’s communication regarding consultation in Articles 124 and 217 led to the formation of the collegium system for judicial appointments.

57
Q

What is the role of the Collegium?

A

The Collegium practically handles the appointment and transfer of judges.

58
Q

How has the Collegium evolved?

A

The Collegium has evolved through judgments of the Supreme Court.

59
Q

Why was the Collegium system established?

A

The Collegium system was established to maintain the separation of powers by taking away the power of Parliament to appoint judges.

60
Q

What did the Supreme Court hold in the First Judges Case?

A

In the First Judges Case, the Supreme Court held that the word “consultation” in Article 124(2) and Article 217(1) of the Constitution does not mean “concurrence”.

61
Q

Who had the ultimate power in the appointment of judges according to the First Judges Case?

A

In the First Judges Case, the ultimate power in the appointment of judges rested with the Union Government and not the Chief Justice of India (CJI).

62
Q

What specific procedure for the appointment and transfer of judges was devised in the Second Judges Case?

A

In the Second Judges Case, a nine-judge Constitution Bench devised the “Collegium System” for the appointment and transfer of judges in the higher judiciary.

63
Q

What was the purpose of the National Lawyers’ Campaign for Judicial Transparency and Reforms?

A

The National Lawyers’ Campaign for Judicial Transparency and Reforms sought a review of the judgment in the Second Judges Case.

64
Q

What is the role of the top court in protecting the integrity and independence of the judiciary?

A

The top court is responsible for protecting the integrity and guarding the independence of the judiciary.

65
Q

What happens if the collegium reiterates its recommendation for an appointment after reconsideration?

A

If the collegium reiterates its recommendation, the executive is bound to make the appointment, according to the court.

66
Q

Who has the final say in appointments according to the court’s decision?

A

The Chief Justice of India (CJI) has the final say in appointments, and the President’s recommendation is non-binding.

67
Q

Who is involved in the appointment of Supreme Court judges and judges of respective High Courts?

A

The Chief Justice of India (CJI) and the two most senior judges after the CJI in the Supreme Court are involved in the appointment of Supreme Court judges. The two most senior judges of the respective High Court are involved in the appointment of judges to that particular High Court.

68
Q

What was the purpose of the Presidential Reference issued in the Third Judges Case?

A

The Presidential Reference sought clarification on the meaning of the term “consultation” under Article 143 of the Constitution.

69
Q

What was the question addressed in the Presidential Reference?

A

The question was whether “consultation” required consultation with a number of judges or if the sole opinion of the Chief Justice of India (CJI) could constitute consultation.

70
Q

What guidelines were laid down by the Supreme Court in response to the Third Judges Case?

A

The Supreme Court laid down nine guidelines for the functioning of the Quorum for appointments and transfers, which form the basis of the present collegium system.

71
Q

Who is responsible for making recommendations under the collegium system?

A

The recommendations are made by the Chief Justice of India (CJI) and his four senior-most colleagues.

72
Q

What additional consultation was required according to the Supreme Court’s opinion in the Third Judges Case?

A

The Supreme Court held that Supreme Court judges from the High Court for which a proposed name came should also be consulted.

73
Q

How does the Third Judges Case address dissenting opinions within the collegium?

A

Even if two judges give an adverse opinion, the Chief Justice of India (CJI) should not send the recommendation to the government.

74
Q

What does the term “Uncle Judges Syndrome” refer to?

A

The term refers to corrupt practices where relatives of a judge are favored in judgments, leading to personal gain in terms of name, fame, and popularity.

75
Q

How is the collegium system criticized in relation to the “Uncle Judges Syndrome”?

A

Critics argue that the collegium system is opaque, not transparent, and unconstitutional as it involves self-appointing judges, which can contribute to favoritism and nepotism.

INDIAN POLITY (40 decks)

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