Pre-Mix – 5 MCQs for Prelims A.

Each House needs to pass the bill

separately by a prescribed special
majority.

Date – 23rd November 2022 B. The bill can be introduced in either

House of Parliament
Q.1 The power of the President of India to
refer a matter back to the Council of C. The bill cannot be sponsored by a
Ministers for reconsideration was inserted Private Member
in the Constitution by D. The President cannot call a joint
A. 44th Constitutional Amendment Act session to pass the bill.
1978 Q.4 With reference to the writs issued by the
B. 42nd Constitutional Amendment Act Courts in India, consider the following
statements:
1976
1. Mandamus will not lie against a
C. 43rd Constitutional Amendment Act
private organization unless it is
1977 entrusted with a public duty.
D. 35th Constitutional Amendment Act 2. Mandamus will not lie against a
1974 Company even though it may be a
Government Company.
Q.2 Consider the following statements:
3. Any public minded person can be a
1. Article 3 provides for the admission of
petitioner to move the Court to obtain
new states that are not part of the the writ of Quo Warranto.
Union of India.
Which of the statements given above are
2. Settlement of an international correct?
boundary dispute does not require a A. 1 and 2 only
constitutional amendment.
B. 2 and 3 only
3. The 100th Constitutional Amendment
C. 1 and 3 only
Act of 2015 was enacted to give effect
transfer of territories between India D. 1, 2 and 3
and Bangladesh. Q.5 Which of the following commissions has
NOT examined the issue of removal of the
Which of the statements given above is/are
state governor?
correct?
A. Sarkaria Commission
A. 1 and 2 only
B. Thakkar Commission
B. 1 only
C. Venkatchaliah Commission
C. 2 and 3
D. Puncchi Commission
D. 1, 2 and 3

Q3. With Regard to Constitutional

Amendment Bill, which one of the
following statements is not correct?
 Answers with Explanations • Article 3 authorizes the Parliament to:

Click here to watch the following topics on • form a new state by separation of territory
YouTube from any state or by uniting two or more
states or parts of states or by uniting any
Q.1 The power of the President of India to refer a territory to a part of any state,
matter back to the Council of Ministers for
reconsideration was inserted in the Constitution • increase the area of any state,
by • diminish the area of any state,
A. 44th Constitutional Amendment Act • alter the boundaries of any state, and
1978
• alter the name of any state.
B. 42nd Constitutional Amendment Act
Statement 2 is correct. The Supreme Court in
1976 1969 ruled that settlement of an international
C. 43rd Constitutional Amendment Act boundary dispute does not require a
1977 constitutional amendment. It can be done by
executive action as it does not involve cession
D. 35th Constitutional Amendment Act of Indian territory to a foreign country.
1974
Statement 3 is correct. The 100th
Answer : A Constitutional Amendment Act (2015) was
enacted to give effect to the acquiring of certain
Q.2 Consider the following statements:
territories by India and transfer of certain other
1. Article 3 provides for the admission of new territories to Bangladesh.
states that are not part of the Union of
India. 3. With Regard to Constitutional Amendment
Bill, which one of the following statements is not
2. Settlement of an international boundary correct?
dispute does not require a constitutional
A. Each House needs to pass the bill
amendment.
separately by a prescribed special majority.
3. The 100th Constitutional Amendment Act
B. The bill can be introduced in either House
of 2015 was enacted to give effect transfer
of Parliament
of territories between India and
Bangladesh. C. The bill cannot be sponsored by a Private
Member
Which of the statements given above is/are
correct? D. The President cannot call a joint session to
pass the bill.
A. 1 and 2 only
Answer : C
B. 1 only
C. 2 and 3 Q. 4 With reference to the writs issued by the
Courts in India, consider the following
D. 1, 2 and 3 statements:
Answer : C 1. Mandamus will not lie against a private
Explanation organization unless it is entrusted with a
public duty.
• Article 3 relates to the formation of or
changes in the existing states of the Union 2. Mandamus will not lie against a Company
of India. even though it may be a Government
Company.
 3. Any public minded person can be a B. Thakkar Commission
petitioner to move the Court to obtain the C. Venkatchaliah Commission
writ of Quo Warranto.
D. Puncchi Commission
Which of the statements given above are correct?
Answer : B
A. 1 and 2 only
Explanation
B. 2 and 3 only
Sarkaria Commission ( 3 member commission
C. 1 and 3 only under Retd Justice R.S Sarkaria to review centre
D. 1, 2 and 3 state relations)

Answer : C • The Governor should be eminent in some

walk of life and from outside the state. He
Explanation should be a detached figure without
• Mandamus literally means ‘we intense political links, or should not have
command’. taken part in politics in the recent past.
Besides, he should not be a member of the
• It is a command issued by the court to ruling party.
a public official asking him to perform
• He should be appointed after effective
the official duties that he has failed or consultations with the state Chief Minister
refused to perform. and Vice President and Speaker of the Lok
• It can also be issued against any public Sabha should be consulted by the PM
body, a corporation, an inferior court, before his selection.
a tribunal, or government for the same • He should be removed before his tenure
purpose. only on the grounds as mentioned in the
constitution or if aspersions are cast on his
It cannot be issued: morality, dignity, constitutional propriety,
• against a private individual or body. – etc.

• to enforce departmental instruction that • In the process of removal, the state

does not possess statutory force.
• when the duty is discretionary and not
mandatory to enforce a contractual
obligation.
• against the president of India or the state
governors.
government may be informed and
consulted.
Puncchi Commission (Centre State Relations)
• Prior to his appointment, the incumbent
should have kept out of local politics
altogether for at least two years.

• against the chief justice of a high court • The appointment of the governor ought to
acting in a judicial capacity. include input from the state's top minister.

Statement 3 Any interested person and not • A committee should be in charge of

necessarily the aggrieved person can seek Quo choosing the governors. The Prime
Warranto writ. Minister, the Home Minister, the Speaker of
the Lok Sabha, and the Chief Minister of the
Q.5 Which of the following commissions has relevant state shall be on this committee.
NOT examined the issue of removal of the state The vice president can also take part in the
governor? process.
A. Sarkaria Commission
Puncchi Commission (Centre State Relations)
• The Doctrine of Pleasure should be deleted
from the Constitution.
• Only a resolution by the state legislature
should remove the governor.
• It supported the right of the governor to
sanction the prosecution of ministers
against the state government’s advice.
• It recommended that there be provision for
the impeachment of the governor by the
state legislature.
Venkatchaliah Commission
• The Governor of a State should be
appointed and removed by the President
only after consultation with the Chief
Minister of that State.
Thakkar Commssion
• A one man commission under the
championship of M.P Thakkar to
investigate the killing of Indira Gandhi and
to find lapses by the security and medical
staff and the possible involvement of
foreign agencies.