The Judiciary, Federalism, Emergency and Constitutional Machinery — Practice

Question 1

In whom is control over the subordinate courts vested?

Accepted Answer

The High Court, under Article 235.

Question 2

What does Article 141 provide?

Accepted Answer

The law declared by the Supreme Court is binding on all courts in India.

Question 3

Distinguish Article 233 from Article 234.

Accepted Answer

Article 233 deals with appointment of District Judges by the Governor in consultation with the High Court. Article 234 deals with appointment of persons other than District Judges, such as Civil Judges, by the Governor under rules made after consulting the State Public Service Commission and the High Court.

Question 4

State the effect of the Second and Fourth Judges Cases.

Accepted Answer

The Second Judges Case (1993) gave primacy in judicial appointments to the collegium of judges. The Fourth Judges Case (2015) struck down the 99th Amendment and the NJAC Act as violating judicial independence, which is part of the basic structure.

Question 5

Explain the doctrines of pith and substance and eclipse.

Accepted Answer

Pith and substance looks at the true nature of a law to decide which legislative list it falls in, ignoring incidental effects on another list. The doctrine of eclipse holds that a pre-constitutional law inconsistent with a fundamental right is not void but eclipsed, and it revives if the inconsistency is removed (Bhikaji Narain Dhakras).

Question 6

What did S. R. Bommai v. Union of India decide?

Accepted Answer

The Court held that a proclamation under Article 356 is subject to judicial review on grounds such as mala fides and irrelevant material. Majority must be tested on the floor of the House, not by the Governor's opinion, Parliament must approve the proclamation within two months and the Assembly should not be dissolved before approval. It also held secularism to be part of the basic structure.

Question 7

A State law and a Union law on a Concurrent List subject conflict. Explain the position.

Accepted Answer

Under Article 254(1), the Union law prevails and the State law is void to the extent of repugnancy. Under Article 254(2), a State law passed on a Concurrent subject and reserved for and assented to by the President prevails in that State, though Parliament may later legislate on the same matter. The first step is to ask whether the two laws truly conflict.

Question 8

On what grounds can a National Emergency be proclaimed under Article 352 after the 44th Amendment?

Accepted Answer

War, external aggression or armed rebellion.

Practice — The Judiciary, Federalism, Emergency and Constitutional Machinery

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