The Chief Minister of a State of India is not eligible to vote in the Presidential election if

He is an acting Chief Minister.

He is member of the Upper House of the State Legislature.

He is yet to prove his majority on the floor of the Lower House of the State Legislature.

The Parliament by law may alter the boundaries of a State, provided that no Bill for this purpose shall be introduced in either Houses of Parliament except:

on the recommendation of the President

unless the bill has been referred by the President to the legislature of that State for expressing its views thereon

unless the bill has been referred by the President to the council of ministers of that State for expressing its views thereon

on the recommendation of the President and unless the Bill has been referred by the President to the legislature of that State for expressing its views thereon.

Which one of the following is NOT essential for creation of a new State?

The consent of the State from which territory is to be taken out is mandatory

The Parliament can create a new State simply by enacting a legislation

The First Schedule to the Constitution of India has to be amended for creating a new State

There is no requirement of seeking the opinion of the Union Territory which is converted into a State

LEGAL PRINCIPLE: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person's fundamental right. FACTUAL SITUATION: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law. DECISION:

The Court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.

The Court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.

No writ would lie against Parliament, as the Court has no authority to direct Parliament to enact or re-enact a law.

The Court cannot quash the law as reasonable restrictions can be put on the fundamental rights.

Under the Tenth Schedule to the Constitution of India (Anti-Defection Law), any question regarding disqualification of a Member of Parliament or State Legislature on ground of defection is decided by:

The Chairman of Rajya Sabha / Speaker of Lok Sabha (Presiding Officer of the respective House)

The President on advice of Election Commission

In Hargovind Pant v. Dr. Raghukul Tilak (1979) 3 SCC 458, a Constitution Bench ruled that the office of the Governor of a State is:

An independent constitutional office that is NOT subordinate to or an agent of the Central Government

An employment under the Government of India

A subordinate administrative department of Home Ministry

A purely political appointment without constitutional status

In Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016) 8 SCC 1, a 5-Judge Constitution Bench ruled that:

The Governor's discretionary powers under Article 163 are limited, and summoning, proroguing, or dissolving the Assembly can only be done on the aid and advice of the Council of Ministers

The Governor has plenary untrammelled discretion to summon the House

The Speaker cannot be removed during an active session

Article 163(2) completely excludes judicial review

📖 Constitution of India•🎯 28 Practice MCQs

Part VI: The State Legislature (Articles 168–212)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

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Part VI: The State Legislature (Articles 168–212) • 28 Questions

📚 Chapter Practice Coverage

This practice module for Part VI: The State Legislature (Articles 168–212) contains 28 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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