GK Test (Indian Constitution)

The correct answer is C because Supreme Court judges can only be removed through impeachment by Parliament on grounds of proved misbehavior or incapacity. The process requires a motion signed by 100 members in Lok Sabha or 50 in Rajya Sabha, followed by an inquiry and a special majority in both Houses. The President then formally removes the judge based on this parliamentary recommendation.

The convention is that Governors are appointed from states other than the one they will govern, avoiding potential bias or local political entanglements. This helps maintain impartiality and prevents the Governor from being seen as representing local interests. The Governor represents the Union government in the state.

Judicial review means the Supreme Court can examine the constitutionality of laws and executive actions. If any law or order violates the Constitution, the Court can declare it void. This power is not about reviewing its own judgments (that's done through review petitions) or supervising subordinate courts (that's appellate jurisdiction), but about being the final interpreter of constitutional validity.

Supreme Court judges retire at age 65, as specified in Article 124(2) of the Constitution. This is different from High Court judges who retire at 62, and the judiciary has been advocating for uniform retirement age at 65 for all judges. The fixed retirement age ensures judicial independence.

The Governor is the executive head of the state under Article 154 of the Constitution, acting on the advice of the Council of Ministers headed by the Chief Minister. While the Governor is the constitutional head, real executive power is exercised by the Chief Minister and Council of Ministers. The President is the executive head at the Union level.

The concept of judicial review was borrowed from the US Constitution, where the Supreme Court established this power in the landmark case Marbury v. Madison (1803). Dr. B.R. Ambedkar and the framers adopted this mechanism to ensure the Constitution remains supreme. France and the UK do not follow this system - in the UK, Parliament is sovereign.

The Central government can issue directions to states on matters in the Union List (defence, foreign affairs, etc.), Concurrent List (education, marriage, etc.), and even on State List items during emergencies under Article 352, 356, or 360. Article 256-263 also enable central directives. This reflects India's federal structure with central biases during crises.

The correct answer is C because judicial review in India is limited by the Constitution itself - the Court cannot strike down constitutional amendments (except basic structure), and its powers are derived from the Constitution rather than being inherent. Unlike in some systems where courts have broad inherent powers, Indian courts exercise judicial review only to uphold constitutional supremacy.

Under Article 156 of the Constitution, the Governor holds office during the pleasure of the President. Therefore, resignation must be addressed to the President, not the Chief Minister, Speaker, or Prime Minister.

Parliament can legislate on State List subjects in two cases: (1) Rajya Sabha resolution by 2/3 majority (Article 249), and (2) implementing international treaties/agreements (Article 253). Therefore 'in all these cases' is correct.

Article 156(1) states that the Governor shall hold office during the pleasure of the President. This means the President can remove the Governor at any time without assigning reasons. The Governor does not depend on Chief Minister or State Council confidence.

The Sarkaria Commission (1983) was appointed to review centre-state relations and recommend improvements. It examined various aspects of federal structure and made recommendations on intergovernmental coordination.

The Union List (List I of Seventh Schedule) contains 97 subjects on which only Parliament can legislate. The State List has 66 subjects for states, and Concurrent List has 47 subjects where both can legislate.

The Constitution establishes a strong centre with extensive powers including emergency provisions, single citizenship, and authority over states during President's Rule. It creates a federal system with unitary bias, not a weak centre.

The Constitution ensures judicial independence through multiple provisions: charged salaries on Consolidated Fund (not subject to annual vote), difficult removal process (impeachment), and prohibition on post-retirement practice. All these together protect independence.

The State List (List II of Seventh Schedule) originally contained 66 subjects. After the 42nd Amendment (1976), 5 subjects were transferred to Concurrent List, reducing State List to 61 subjects. The question likely refers to original composition.

Under Article 254, if a state law on a concurrent subject was passed AND received President's assent BEFORE the central law on that subject, the state law prevails in that state. Otherwise, central law prevails under repugnancy clause.

The Constitution of India vests the residuary powers in the Union Government.

Under Article 143, the Supreme Court's advisory jurisdiction is activated only when the President refers a question of law or fact. The Court cannot suo moto tender advice - it must await presidential reference.