Indian Polity & Constitution MCQs

Notes:
The correct chronological order of the creation of the states of Assam, Nagaland, Goa, and Mizoram is as follows:

1. Assam – Assam was created as a state in the year 1935, when it was carved out of the larger province of Bengal.
2. Nagaland – Nagaland was created as a state in the year 1963. It was carved out of the larger state of Assam and became the 16th state of India.
3. Mizoram – Mizoram was created as a state  on 20 February 1987. Prior to that, it was a Union Territory and was part of the state of Assam.
4. Goa – Goa was created as a state on 30 May 1987. Prior to that, it was a Union Territory and was part of the state of Bombay.

So, the correct chronological order of the creation of these states is: Assam, Nagaland, Mizroam, Goa

Notes:
The first general elections to elect members of Lok Sabha were held between October 25, 1951 and March 27, 1952. The result was election of India’s first Lok Sabha. The election was won by Indian National Congress and consequently, Jawaharlal Nehru became India’s first democratically elected Prime Minister.

Notes:
Ad hoc judges can be appointed in the Supreme Court by “Chief Justice of India” with the prior consent of the President, if there is no quorum of judges available to hold and continue the session of the court. Only the persons who are qualified as to be appointed as Judge of the Supreme Court can be appointed as ad hoc judge of the Supreme Court. (Article 127). Further, as per provisions of the Article 128, Chief Justice of India, with the previous consent of the President, request a retired Judge of the Supreme Court High Court, who is duly qualified for appointment as a Judge of the Supreme Court, to sit and act as a Judge of the Supreme Court. The salary & allowance of such judge are decided by the president. The retired Judge who sits in such a session of the Supreme Court has all the jurisdiction, powers and privileges of the Judges BUT are NOT deemed to be a Judge.

Notes:
An ordinance can be promulgated by the President of India on the recommendation of the Union Cabinet / Council of Ministers.

Notes:
As per article 76(1), Attorney General is appointed by President for a period decided by him. The AG remains in office during pleasure of the president and thus has no fixed tenure.

Notes:
Constitution (69th) Amendment Act, 1991 granted special status to Delhi and declared it the National Capital Territory. A Lieutenant Governor was nominated as Administrator of Delhi and legislative assembly was created for Delhi.

Notes:
Habeas Corpus literally means ‘to have the body of’. Via this writ, the court can cause any person who has been detained or imprisoned to be physically brought before the court. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free. Such a writ can be issued in following example cases:

• When the person is detained and not produced before the magistrate within 24 hours
• When the person is arrested without any violation of a law.
• When a person is arrested under a law which is unconstitutional
• When detention is done to harm the person or is malafide.

Thus, Habeas corpus writ is called bulwark of individual liberty against arbitrary detention. A general rule of filing the petition is that a person whose right has been infringed must file a petition. But Habeas corpus is an exception and anybody on behalf of the detainee can file a petition. Habeas corpus writ is applicable to preventive detention also. This writ can be issued against both public authorities as well as individuals.

Notes:
Article 263 of the Constitution of India provides If at any time it appears to the President that the public interest would be served by the establishment of a Inter State Council.

Notes:
President of India has the right to declare any area as a Scheduled Area and has powers with respect to the administration of scheduled areas and tribal areas.

Notes:
Describing the nature of DPSP, Article 37 says that directive principles are not enforceable by any court. However, at the same time the article declares that these principles are nevertheless fundamental in the governance of the country and it shall be duty of the state to apply these principles in making laws.