India Mcqs

Constitution of India (Law)

Which one of the following statements is correct? The 'non obstante clause' under Article 246(1) is invoked to judge the validity of a State legislation when the:

A.Court is unable to decide the question by applying the theory of pith and substance

B.Court is unable to decide the question by applying the theory of harmonious construction

C.State law falls under any entry of List III   

D.State law is passed under any entry of List II and Parliamentary legislation is passed under any entry of List I

In the appointment of the Judges of the Supreme Court, the recommendations of the Collegium consisting of the Chief Justice of India and of the senior most Judges of the Supreme Court is binding on the President of India, because

A.It is so provided in Article 124 of the Constitution of India

B.It has been the consistent practice for a long time

C.It has been laid down by the Supreme Court in S. P. Gupta v. Union of India (1982)

D.It has been laid down by the Supreme Court inAdvocates-an-Record Association v. Union of India (1994)