Daily Quiz – 23rd Apr 2024

Article 60 of the Constitution deals with the Oath or affirmation by the President. The Oath of office to the President is administered by the Chief Justice of India and, in his absence, the seniormost judge of the Supreme Court available. Any other person acting as President or discharging the functions of the President also undertakes a similar oath or affirmation. In his Oath, the President swears:

To faithfully execute the office

To preserve, protect and defend the Constitution and the law;

To devote himself to the service and well-being of the people of India.

Thus, the President does not swear to uphold the sovereignty and integrity of India during their affirmation or Oath. So, Option (a) is not correct.

Article 69 of the Constitution deals with the Oath or affirmation by the Vice-President. The Oath of office to the Vice-President is administered by the President or some person appointed on that behalf by him. In his Oath, the Vice-President swears:

To bear true faith and allegiance to the Constitution of India;

To faithfully discharge the duties of his office.

Thus, the Vice-President does not swear to uphold the sovereignty and integrity of India during their affirmation or Oath. So, Option (b) is not correct.

Article 159 of the Constitution deals with the Oath or affirmation by the Governor. The Oath of office to the Governor is administered by the Chief Justice of the concerned state high court and, in his absence, the senior-most judge of that court available. Every person discharging the functions of the Governor also undertakes a similar Oath or affirmation.

In his Oath, the Governor swears:

1. To faithfully execute the office
2. To preserve, protect and defend the Constitution and the law;
3. To devote himself to the service and well-being of the people of the state.

Thus, the Governor does not swear to uphold the sovereignty and integrity of India during their affirmation or Oath. So, Option (c) is not correct.

Before the Chief Minister enters his office, the Governor administers to him the oaths of office and secrecy. In his Oath of office, the Chief Minister swears:

1. To bear true faith and allegiance to the Constitution of India,
2. To uphold the sovereignty and integrity of India,
3. To faithfully and conscientiously discharge the duties of his office, and
4. To do right to all manner of people in accordance with the Constitution and the law, without fear or favor, affection or ill-will.

In his Oath of secrecy, the Chief Minister swears that he will not directly or indirectly communicate or reveal to any person(s) any matter that is brought under his consideration or becomes known to him as a state minister except as may be required for the due discharge of his duties as such minister. So,  Option (d) is correct.

Article 217 of the Indian Constitution deals with the appointment and conditions of the Office of a Judge of a High Court. Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State.

A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and

Has for at least ten years held a judicial office in the territory of India or

Has for at least ten years been an advocate of a High Court or two or more such Courts in succession.

So, Options (a), (b), and (c) are not correct.

The Constitution of India does not prescribe any qualifications that the person should be a distinguished jurist in the opinion of the President. The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. Further, suppose any question arises as to the age of a Judge of a High Court. In that case, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.

So, Option (d) is correct.

Article 233 (1) of the Indian Constitution states that the Governor makes the appointment, posting and promotion of district judges of the State in consultation with the high court.

A person to be appointed as district judge should have the following qualifications:

He should not already be in the service of the Central or the state government.

He should have been an advocate or a pleader for seven years.

The high court should recommend him for appointment. So, Option (a) is correct.

Article 234 (1) of the Indian Constitution states that the appointment of persons (other than district judges) to the judicial service of a state is made by the governor of the State after consultation with the State Public Service Commission and the high court. So, Option (b) is correct.

The District judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil as well as criminal matters. In other words, the district judge is also the session judge. When he deals with civil cases, he is known as the district judge and when he hears the criminal cases, he is called as the sessions judge.

At the lowest level, on the civil side, is the Court of Munsiff. The Munsiff Court possesses limited jurisdiction and decides civil cases of small financial stake. So, Option (c) is correct.

The organizational structure, jurisdiction and nomenclature of the subordinate judiciary are laid down by the states (not in the Constitution). Hence, they differ slightly from State to State. Generally, there are three tiers of civil and criminal courts below the High Court. So, Option (d) is not correct.

The Constitution has not fixed the tenure of a judge of a high court. However, it makes the following four provisions in this regard:

He holds office until he attains the age of 62 years. Any questions regarding his age are to be decided by the President after consultation with the chief justice of India, and the decision of the President is final. So, Option (c) is correct.

He can resign his office by writing to the President. He can be removed from his office by the President on the recommendation of the Parliament.

He vacates his office when he is appointed as a judge of the Supreme Court or when he is transferred to another high court.

The Parliament can make laws on any subject of the three lists(including the State List) for the union territories. This power of Parliament also extends to Puducherry, Delhi and Jammu and Kashmir, which have their local legislatures.

The legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List, i.e., on all state subjects, including public order, police, and land. So, Option (a) is correct.

The Chief Minister of a Union Territory shall be appointed by the President (not by the Lt. Governor or the Administrator of the Union Territory). The President shall appoint other Ministers on the advice of the Chief Minister, and the Ministers shall hold office at the pleasure of the President. So, Option (b) is not correct.

Similar to the states, the Council of Ministers of Union Territories shall be collectively responsible to their respective Legislative Assembly. So, Option (c) is correct.

The Lieutenant Governor of Delhi is bound by the aid and advice of the Council of Ministers of the National Capital Territory of Delhi in matters within the purview of the powers conferred on the Legislative Assembly. So, Option (d) is correct.