Constitutional Law

Ans: The legislative relations between centre and state are of two types i.e., territorial jurisdiction and subject matter jurisdiction.  Territorial jurisdiction means the law enactment in particular territory whereas subject matter jurisdiction means enactment of law related to particular subject matter.

Ans: The powers between the centre and state are divided under three heads i.e., Legislative relations,  Administrative relations and Financial relations. 

Ans: India becomes an unitary form of government during emergency only otherwise it will be federal form of government in normal cases. 

Ans: In unitary form of government,  the maximum power lies to centre. The examples of unitary form of government are France, China and Japan. Where as in Federal form of government, the powers are divided between state and centre. The examples of Federal Form of Government are United States and India.

Ans:  The government is of two forms i.e. Unitary Government and Federal Government. 

The options are as follows:  Vice President Chief Justice of India Attorney General of India None of these None of the above/ More than one of the above Ans: Attorney- General of India  The Vice President of India is the ex-officio Chairman of Rajya Sabha but he cannot participate in the debate of Lok Sabha. Indian Judiciary is independent of Indian legislature and executive and hence Chief Justice of India cannot participate in the debate of Lok Sabha. The Attorney General of India is the Indian Government's Chief legal adviser and he is the primary lawyer in the Supreme Court of India. He is appointed by the President under Article 76(1) of the Constitution and holds office during the pleasure of the president. He can attend the meetings of both houses of the Parliament but cannot vote there.

Ans: The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.’ Note: Indian Constitution contains no definition of ‘violation of the constitution.’ The impeachment process of President is given in Article 61 of Indian Constitution. (We have taken Lok Sabha as the first house to initiate the impeachment charges, however, Rajya Sabha too can initiate the impeachment charges against President and in that case, it will pass the resolution and send the charges to Lok Sabha which will investigate and pass it if it finds those charges valid.) Loksabha initiates an impeachment charges. The impeachment charges are signed by one-fourth of the members of Loksabha. The 14 days notice is given to President of India. Lok Sabha passes an impeachment charges with two third majority and sends it to Rajya Sabha. Loksabha after signing the charges passes them to Rajya Sabha for investigation.

Ans: According to Article 54 of Indian Constitution, there is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of: Lok Sabha and Rajya Sabha. Legislative Assemblies of the states (Legislative Councils have no role). Legislative Assemblies of the Union Territories of Delhi and Puducherry. The value of the vote of an MLA is given below: Value of the vote of an MLA= (Total Population of the State/ Total number of elected members in the state legislative assembly ) * 1/1000 Value of vote of MP=( Total value of votes of all MLAs of the states/ Total number of Elected Members of Parliament) Keywords used :  Legislative Assembly and Legislative Council are the two chambers of the State legislature. The Legislative Assembly is the lower house of the state legislature equivalent to Lok Sabha. On the other hand, an administrative board is known as the Legislative council or Vidh...

Ans: The Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation. He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India. Article 52 says there shall be a president of India. The President is known as the first citizen of India because he/she represents our country. He is the constitutional head of the nation. All executive decisions are taken in his name.

Ans:  An Attorney general cannot defend an accused in the criminal proceedings and can defend an accused in only civil proceedings and  can not accept the directorship of a company without the permission of the Government. The attorney general can accept cases but cannot appear against the Government. 

Ans: Advocate General is a constitutional post and is mentioned under Article 165 of Indian Constitution.  He is the first law officer of state. The governor appoints the advocate general of state on the advice of the council of ministers of the state.. The person who is eligible to hold the office of advocate general in India must meet the following criteria: He must be an Indian Citizen He should be eligible to be appointed as the judge of the High Court; i.e. he must meet one of the following eligibility criteria: A barrister having experience of more than 5 years. A civil servant with an experience of more than 10 years along with an experience as a servant in Zila Court for at least 3 years. A pleader over 10 years in any high court He shouldn’t be more than 62 years of age, as is the age qualification for a High Court Judge.

Ans:  Solicitor General is not a constitutional post of India like Attorney General of India. Attorney General of India is a constitutional post under Article 76 of Constitution of India. Solicitor General is the second law officer of the country and is  mentioned in the Law Officers (Conditions of Service) Rules, 1972. According to Section 23(2) of Advocates Act, 1961, the Solicitor-General will have the right of pre-audience over all other advocates except the Attorney General. 

Ans: An Attorney General   is mentioned under Article 76 of Indian Constitution.  An attorney general has the right of pre-audience and can take part in the legal matters of parliament.  An Attorney general is appointed by President and has the eligibility of becoming a Supreme Court Judge.  The duration of service of Attorney General is not fixed and depends upon the pleasure of President.  He has the right to speak or to take part in the meeting of any committee of the Parliament of which he is named as a member but without a right to vote.

Ans: The Attorney General is a constitutional post but not a government servant and is not debarred from private legal practice. He is not a government servant as he is not paid fixed salary and his remuneration is decided by the president.  The attorney general can accept cases but cannot appear against the Government.  They cannot defend an accused in the criminal proceedings and  can not accept the directorship of a company without the permission of the Government.