Ans: C

Exp:

Statement 1 is correct: The concept of judicial activism is closely related to the concept of public interest litigation (PIL). It is the judicial activism of the Supreme Court that is the major factor in the rise of PIL. PIL is the most popular form (or manifestation) of judicial activism. The rise of PIL can be largely attributed to the proactive approach of the Supreme Court through judicial activism because the Court’s assertive role in protecting citizens’ rights and promoting justice encouraged and facilitated PIL as a means to address public interest issues and protect fundamental rights more effectively.

Statement 2 is correct: The introduction of PIL in India was facilitated by the relaxation of the traditional rule of ‘locus standi’. According to this rule, only that person whose rights are infringed alone can move the court for remedies, whereas the PIL is an exception to this traditional rule. In a PIL, any member of the public having ‘sufficient interest’ can approach the court to enforce the rights of other persons or redress a common grievance. 

Ans: C

Exp:

The Supreme Court evolved the principles in regard to public interest litigation over a period of time. One of the principles is that when issues of public importance and enforcement of the fundamental rights of a large number of people vis-a-vis the constitutional duties and functions of the state are raised, the court treats a letter or a telegram as a PIL. In such cases, the court relaxes the procedural laws and also the law relating to pleadings. Example- In the ‘Bandhua Mukti Morcha vs. Union of India’ case, the court treated a letter as a writ petition. The Supreme Court appointed a Commission of Inquiry and ordered the release and rehabilitation of all bonded labourers. Hence, PIL has become the sole instrument of social revolution.

Ans: B

Exp:

Statement 1 is correct: The governor, from time to time, summons each House of State legislature to meet. The maximum gap between the two sessions of the state legislature cannot be more than six months, i.e., the state legislature should meet at least twice a year. A session of the state legislature consists of many sittings.

Statement 2 is incorrect: The presiding officer (speaker or chairman) declares the House adjourned sine die when the business of the session is completed. Within the next few days, the governor issues a notification for prorogation of the session. 

Statement 3 is correct: The governor can also prorogue the House, which is in session. Unlike an adjournment, a prorogation terminates a session of the House.

Ans: A

Exp

Statement 1 is incorrect: The Constitution lays down only two qualifications for the appointment of a person as governor. These are: 

• He should be a citizen of India. 

• He should have completed the age of 35. 

Additionally, two other conventions have also developed in this regard over the years. First, he should be an outsider; that is, he should not belong to the state where he is appointed, so that he is free from the local politics. Second, while appointing the governor, the president is required to consult the chief minister of the state concerned so that the smooth functioning of the constitutional machinery in the state is ensured. However, both conventions have been violated in some of the cases. 

Statement 2 is correct: A governor holds office for a term of five years from the date on which he enters upon his office. However, this term of five years is subject to the pleasure of the President. 

The Constitution does not lay down any grounds upon which a governor may be removed by the President. The Indian Constitution does not provide a predetermined list of reasons or grounds upon which the President can remove a state governor from office. 

Statement 3 is incorrect: A governor can hold office beyond his term of five years until his successor assumes charge. The underlying idea is that there must be a governor in the state, and there cannot be an interregnum. 

Ans: C

Exp:

Statement 1 is incorrect: The governor appoints the chairman and members of the state public service commission. However, they can be removed only by the president and not by a governor.

Statement 2 is incorrect: The Governor of the State can inform the President about the situation of the state, and the President may, thereupon, take the necessary steps to impose the emergency. The President’s Rule can also be imposed if the state fails to comply with the directions given by the central government on matters it is empowered to. The Governor cannot impose any constitutional emergency in a state if any state fails to comply with the directions given by the Union.