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POLITY > State Government > Flashcards

State Government Flashcards

1
Q

Does the constitution provide for appointment of samep erson as govenror of 2 or more states?

A

Yes

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2
Q

Whether the term of governor of 5 years is given in the constitution?

A

Yes
But it is also given that he works at the pleasure of the president

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3
Q

What are the qualifications of governor given in constitution?

A

Citizen, 35 years of age
Cannot be member of either house of legislature
Should not hold any office of profit

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4
Q

Can the emoluments and allowances of governor be diminished during his office?

A

No

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5
Q

Which states are required for have a minister incharge of tribal welfare?

A

Chhattisgarh, jharkhand, odisha, MP

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6
Q

How many ministers can be there in the state cabit?

A

Mnimum - 12
Maximum - 15% of state legislative assembly

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7
Q

Advocate general of state - who appoints him and what are the qualifications?

A

Governor
Must be eligible to be a judge of HC
Holds office during pleasure of governor
Remuneration decided by governor

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8
Q

Current states with bicameral legislature

A

UP
Bihar
Maharashtra
Karnataka
Telangana
Andhra pradesh

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9
Q

How is a legislative council created?

A

State passes a resolution by special majority - parliament creates or abolishes - not an amendment of constitution under ar 368

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10
Q

How many members in legislative assemblies?

A

60-500 based on population
In arunachal, sikkim, goa - minimum limit - 30
Mizoram - 40
Nagaland - 46

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11
Q

The office of governor is in suboridination to the central government. Yes or no?

A

No, it is an independent office

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12
Q

The president is required to consult the CM before appointing the governor. Is it a convention or given in constitution?

A

Convention

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13
Q

What are the immunities of a governor?

A

Immune from criminal proceedings even in personal acts - no arrest or imprisonment
For civil proceedings in case of personal acts - 2 months notice

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14
Q

What are the grounds given under the constitution based on which governor can be removed?

A

No grounds given in constitution - works at pleasure of president

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15
Q

Can a governor be reappointed?

A

Yes - may be in the same state or in another

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16
Q

Governor has executive, legislative, financial, judicial, diplomatic, military and emergency powers just like the president yes or no?

A

No. Govenror has no diplomatic, military or emergency powers.

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17
Q

Appointment of state election commissioner?

A

By governor
Removal can be like that of a judge of HC

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18
Q

Who appoints and removes members and chairman of members of state state public service commission?

A

Appointed by governor, removal by president

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19
Q

Who decides disqualifications of members of state legislative assembly?

A

Governor in consultation with state election commission

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20
Q

Under which situation is it mandatory for governor to reserve the bill for reconsideration of president?

A

Where the bill endangers the position of high court

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21
Q

Ordinances made by governor survive for how long after reassembly of legislature?

A

6 weeks

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22
Q

Money bills in state assembly requires prior recommendations of the governor.. yes or no?

A

Yes

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23
Q

District judges are appointed, posted and promoted by?

A

Governor in consultation with state HC

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24
Q

Can the governor withhold money bills for reconsideration of president?

A

Yes

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25
Q

What alternatives governor has in case of money bill ?

A

Assent
Withhold assent
Reserve for reconsideration of president

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26
Q

In which cases, governor works under his personal discretion?

A
  1. Reserving a bill for presidential assent
  2. Recommendation of imposition of president’s rule in the state
  3. When exercising functions as administrator of an adjoining UT
  4. Determining amount payable to autonomous tribal district councils of 6th schedule as royalty accruing from licenses for mineral exploration
  5. Seeking info from CM regarding admin/legislative matters of state
27
Q

It is required that the chief minister must prove his majority in the houe before being appointed. True or false?

A

False. Governor may appoint him as CM and then later ask him to prove majority

28
Q

Chied minister must be a member of the lower houe. True or false?

A

False. He may be a member of either house. In many instances, persons from the legislative councils have been elected as the CM

29
Q

CM holds office during pleasure of president. Correcto r not?

A

Correct but governor cannot remove him as long as he enjoys confidence of majority

30
Q

Strength of legislative council of state?

A

Range from 40 to 1/3rd of legislative assembly

31
Q

Who elects members of legislative council?

A

1/3 - local bodies - municipalities, district boards etc
1/3 - by members of legislative assembly
1/12 - by graduates of 3 years standing and residing in the state
1/12 - teachers of 3 years standing in not lower than secondary school
1/6 - nominated by governor - literature, science, art, cooperative movement, social service

32
Q

The term of an assembly can be extended during emergency by the governor for 6 months at a time. True or false?

A

No. It can be extended by law of parliament, for 1 year at a time.

33
Q

What qualifications are given in the representation of people act for members of state legislature?

A

Member of legislative assembly - must be an elector for an assembly constituency in the concerned state
Legislative council - must be elctor for an assembly constituency in the oncerned state - and for governor’s nomination, must be a resident in the concerned state

34
Q

Disqualifications of an MLA under the constitution.

A

Office of profit
Unsound mind
Undischarged insolvent
Non citizen/gave up citizenship
Disqualified under any law

35
Q

Disqualifications for MLA under representation of people act?

A
  1. Guilty of election offences or corrupt practices in elections
  2. Convicted for any offence leading to imprisonment for 2/+ years (but preventive detention is not disqualification)
  3. Must not have failed to lodge election expenses within time
  4. No interest in govt contracts or services
  5. Not be a director or managing agent in a body which has 25% share
  6. Must not have been dismissed for corruption or disloyalty to state
  7. Not convicted for promoting enmity bw different groups or for offence of bribery
  8. Not been punished for preaching or practising social crimes like untouchability, dowry,sati
36
Q

Who takes decision regarding disqualification of an MLA?

A

Governor on consultation of state election commissioner (binding)

37
Q

Just like rajya sabha chairman the vice president, the state legislative council chairman is also not a member of the house. True or false?

A

False. The chairman is elected by the council from amongst its members

38
Q

How is a speaker of state legislative assembly removed?

A

Removed by a resultion passed by majority of all the then members of the assembly by giving 14 days’ notice

39
Q

In case of ordinary bills, the state legislative concil has the same powers as those of rajya sabha. True or false?

A

False. Legislative assembly has all the powers. Even if councils send any amendments to the bill, the assembly is not bound to accept and can proceed as it is. There is no provision of join sitting also.
Any bill originating in the council, sent to the assembly, if rejected by the assembly, bill dies

40
Q

How is a deadlock created in the parliament vs state legislature?

A

Parliament - when the second houe rejects the bill or proposes amendments that are not acceptable to the first house or does not pass the bill within 6 months

state legislature - legislative councilrejects the billor proposes amendments that are not acceptable to the legislative assembly or does not pass the bill within 3 months

41
Q

What is the individual privilege of an MLA in case of civil or criminal case?

A

No arrest during session of state legislature and 40 days after and 40 days before end of the session - only for civil cases
No such privilege for criminal or preventive detention cases

42
Q

What is the meaning of an integrated judicial system?

A

High courts operating below the supreme courts

43
Q

The constitution authorises the parliament to establish a single court for 2 or more states. True or false

A

True. Added by 7th constitutional amendment in 1956

44
Q

Delhi is the only UT that has a high court of its own. True or false?

A

True

45
Q

How is judge of high court appointed?

A

By president - based on recommendations of a collegium of CJI and 2 senior most judges of supreme court

46
Q

Qualifications to be a judge of high court?

A

Citizen
Should have held judicial office for ten years
Should have been an advocate of high court for ten years

No condition of a jurist being appointed as HC judge, no minimum age

47
Q

High court judge tenure, resignation, removal?

A

62 years age
Resign office by writing to president
Can be removed by president based on recommendations of parliament

48
Q

Removal of high court judge is in the same manner and on the same grounds as that of a supremem court judge. true or false?

A

True

49
Q

Has any HC judge been impeached so far?

A

No

50
Q

The salaries, allowances, leave, pension etc of a jduge of HC can be varied to his disadvantage during a financial emergency. True or false?

A

True

51
Q

Who can call a retired judge of a high court to sit for temporary period?

A

Chief justice of HC
Only with previous consent of President and the concerned person to be appointed

52
Q

Salaries and pensions of a HC judge is charged on?

A

Salaries, allowances - charged on consolidated fund of states
Pension of HC judge - charged on consolidated fund of India (not state)

53
Q

In which cases HC has original jurisdiction?

A
  1. Matters of admirality, will, marriage, divorce, company laws and contempt of court
  2. Disputes of election of MP/MLA
  3. Enforcement of FR
  4. Four HC - bombay, calcutta, madras, Delhi - have original civil jurisdiction in cases of higher value
54
Q

Can HC issue writs beyond its jurisdiction?

A

Yes, if cause of actoin arises somewhere else

55
Q

Which high courts have intra court appeals?

A

In calcutta, bombay and madras HC, When a single judge decides a case, appeal from such a decision lies to the DB of the same HC

56
Q

Appeals from administrative or other tribunals lie to?

A

DB of HC (aggrieved cannot approach SC before exercising this jurisdiction)

57
Q

What are the rules regarding appeal to HC in criminal case?

A

Appeals from judgments of sessions and additional sessions court - if sentence is one of imprisonment more than 7 yrs

58
Q

What is revisional jurisdiction of HC?

A

HC can examine records or proceedings to atisfy itself of the legality, correctness or propriety of any findings

Basically HC can “revise” any order of subordinate courts

59
Q

Who appoints district judges?

A

By governor in consultation with HC

60
Q

Qualifications to be appointed as district judge?

A
  1. Not already be in service of centre or state
  2. Should have been an advocate or pleader for seven years
  3. He should be recommended by HC for appointment
61
Q

Who is a district judge?

A

Judge of any city civil court
Additional district judge
Joint district judge
Assistant district judge
Chief judge of a small cause court
Chief presidency magistrate
Additional chief presidency magistrate
Sessions judge
Additional/assistant sessions judge

62
Q

Draw heirarchichal structure of state judiciary

A

High court ——> district and sessions court ( civil side - district judge, criminal side - sessions judge)

Further under district court ——> civil side - subordinate judges court ——>munsiff court
——> criminal side - chief judicial magistrate’s court ——> judicial magistrate

63
Q

What is the structure of metropolitans courts?

A

Civil side - city civil courts (chief judges)
Criminal side - metropolitan magistrates

64
Q

Gram nyayalaya is headed by?

A

Nyayadhikari - judicial magistrate of first class - appointed by state govt in consultation with HC

POLITY (4 decks)

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