35.Governor Consent for bill || Union Judiciary

Question 1

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

Answer 1

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

Question 2

What is the similarity between Lok Sabha and Legislative Assemblies?

Answer 2

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

Question 3

What is required to introduce a money bill?

Answer 3

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

Question 4

What is required for the certification of a money bill?

Answer 4

Speaker’s certification is required for a money bill.

Question 5

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

Answer 5

The Legislative Council is still a useful body.

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

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

Answer 8

The governor has four options under Article 200.

Question 9

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

Answer 9

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.

Question 10

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

Answer 10

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.

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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).

Question 14

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

Answer 14

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

Question 15

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

Answer 15

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

Question 16

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

Answer 16

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

Question 17

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

Answer 17

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

Question 18

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

Answer 18

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).

Question 19

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

Answer 19

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.

Question 20

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

Answer 20

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.

Question 21

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

Answer 21

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.

Question 22

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

Answer 22

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).

Question 23

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

Answer 23

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

Question 24

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

Answer 24

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

Question 25

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

Answer 25

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.

Question 26

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

Answer 26

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.

Question 27

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

Answer 27

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.

Question 28

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

Answer 28

The judiciary is the protector of fundamental rights.

Question 29

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

Answer 29

The judiciary is the final interpreter of the constitution.

Question 30

What is the key job of the judiciary?

Answer 30

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

Question 31

How is the judiciary structured in India?

Answer 31

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

Question 32

Why is the judiciary integrated in nature in India?

Answer 32

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

Question 33

Which articles of the Constitution deal with the Supreme Court?

Answer 33

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

Question 34

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

Answer 34

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

Question 35

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

Answer 35

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.

Question 36

How many judges are currently in the Supreme Court?

Answer 36

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

Question 37

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

Answer 37

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.

Question 38

What does Article 124 of the Constitution establish?

Answer 38

Article 124 establishes the Supreme Court of India.

Question 39

How many judges were initially mentioned in Article 124?

Answer 39

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

Question 40

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

Answer 40

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.

Question 41

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

Answer 41

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

Question 42

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

Answer 42

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

Question 43

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

Answer 43

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

Question 44

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

Answer 44

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

Question 45

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

Answer 45

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

Question 46

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

Answer 46

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.

Question 47

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

Answer 47

: 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.

Question 48

What are the grounds for the removal of a judge?

Answer 48

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

Question 49

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

Answer 49

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

Question 50

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

Answer 50

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

Question 51

Who appoints the judges of the Supreme Court?

Answer 51

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

Question 52

How is the Chief Justice of India appointed?

Answer 52

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.

Question 53

How are the other judges of the Supreme Court appointed?

Answer 53

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.

Question 54

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

Answer 54

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

Question 55

What is the interpretation of the word 'consultation' in the provision?

Answer 55

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

Question 56

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

Answer 56

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.

Question 57

What is the role of the Collegium?

Answer 57

The Collegium practically handles the appointment and transfer of judges.

Question 58

How has the Collegium evolved?

Answer 58

The Collegium has evolved through judgments of the Supreme Court.

Question 59

Why was the Collegium system established?

Answer 59

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

Question 60

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

Answer 60

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".

Question 61

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

Answer 61

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).

Question 62

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

Answer 62

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.

Question 63

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

Answer 63

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

Question 64

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

Answer 64

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

Question 65

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

Answer 65

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

Question 66

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

Answer 66

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

Question 67

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

Answer 67

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.

Question 68

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

Answer 68

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

Question 69

What was the question addressed in the Presidential Reference?

Answer 69

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.

Question 70

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

Answer 70

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.

Question 71

Who is responsible for making recommendations under the collegium system?

Answer 71

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

Question 72

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

Answer 72

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

Question 73

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

Answer 73

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

Question 74

What does the term "Uncle Judges Syndrome" refer to?

Answer 74

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.

Question 75

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

Answer 75

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.