Article 206
- Subject/Topic: Votes on account, votes of credit and exceptional grants.
- Key Provision: Provides for “Vote on Account” to meet short-term expenditure before the full budget is passed.
- Keywords: Vote on Account, Exceptional Grant, Urgent Funds.
Article 207
- Subject/Topic: Special provisions as to financial Bills.
- Key Provision: A Bill dealing with matters in Article 199 (Money Bills) cannot be introduced without the Governor’s recommendation.
- Important Features: Such Bills cannot be introduced in the Legislative Council.
- Keywords: Financial Bills, Recommendation, Legislative Council Ban.
Article 208
- Subject/Topic: Rules of procedure.
- Key Provision: A House of the Legislature may make rules for regulating its procedure and the conduct of its business.
- Important Features: Until rules are made, the rules in force before the Constitution began (with modifications) shall apply.
- Keywords: Rules of Business, Procedure, Self-Regulation.
Article 209
- Subject/Topic: Regulation by law of procedure in the Legislature of the State in relation to financial business.
- Key Provision: The State Legislature can pass laws to regulate the procedure for timely completion of financial business.
- Part of Constitution: Part VI (The States).
- Related Amendments: null
- Important Features: This law overrides any rules made by the House under Article 208 if there is a conflict.
- Exceptions/Limitations: null
- Related Articles: Article 208 (Rules of Procedure).
- Important Cases: null
- Keywords: Financial Business, Regulation by Law, Timely.
- Articles in News: null
- Special Facts: This ensures that the “Guillotine” (passing all remaining demands without discussion) can be legally enforced to meet budget deadlines.
Article 210
- Subject/Topic: Language to be used in the Legislature.
- Key Provision: Business in the Legislature shall be transacted in the Official Language of the State, Hindi, or English.
- Part of Constitution: Part VI (The States).
- Related Amendments: null
- Important Features: The Speaker/Chairman can permit a member who cannot express themselves in the above languages to address the House in their Mother Tongue.
- Exceptions/Limitations: The provision for English was meant to lapse after 15 years unless the State Legislature provided otherwise.
- Related Articles: Article 120 (Language in Parliament), Article 343 (Official Language of Union).
- Keywords: Mother Tongue, Hindi, English, Official Language.
- Articles in News: Occasional news when members insist on speaking in regional languages not officially listed in the House rules.
- Special Facts: This article protects the linguistic diversity of representatives.
Article 211
- Subject/Topic: Restriction on discussion in the Legislature.
- Key Provision: No discussion shall take place in the State Legislature regarding the conduct of any Judge of the Supreme Court or a High Court in the discharge of their duties.
- Part of Constitution: Part VI (The States).
- Related Amendments: null
- Important Features: Protects judicial independence from political interference.
- Exceptions/Limitations: null
- Related Articles: Article 121 (Restriction in Parliament).
- Keywords: Conduct of Judges, No Discussion, Judicial Immunity.
- Special Facts: This is a “strict” restriction; even a substantive motion cannot be brought in a State Legislature against a judge.
Article 212
- Subject/Topic: Courts not to inquire into proceedings of the Legislature.
- Key Provision: The validity of any proceedings in the Legislature cannot be questioned in a court on the ground of any procedural irregularity.
- Part of Constitution: Part VI (The States).
- Related Amendments: null
- Important Features: Officers of the Legislature (Speaker, etc.) are not subject to court jurisdiction regarding the exercise of their powers to regulate procedure.
- Related Articles: Article 122 (Courts not to inquire into Parliament).
- Important Cases: Raja Ram Pal v. Hon’ble Speaker (SC clarified that courts can interfere if there is “substantive illegality” or “unconstitutionality,” but not for mere procedural errors).
- Keywords: Procedural Irregularity, Immunity, Judicial Restraint.
- Special Facts: This reinforces the “Separation of Powers.”
Article 213
- Subject/Topic: Power of Governor to promulgate Ordinances during recess of Legislature.
- Key Provision: If the Legislature is not in session and the Governor is satisfied that “immediate action” is needed, they can issue an Ordinance.
- Part of Constitution: Part VI – Chapter IV (Legislative Power of Governor).
- Related Amendments: 38th and 44th Amendments: (Similar to Art 123) Clarified that the Governor’s “satisfaction” is justiciable.
- Important Features: Has the same force as an Act; expires 6 weeks after the Legislature reassembles.
- Exceptions/Limitations: Governor needs President’s instructions for ordinances on matters that would require President’s assent as a Bill.
- Related Articles: Article 123 (President’s Ordinance Power).
- Important Cases: Krishna Kumar Singh v. State of Bihar (2017) – SC ruled that re-promulgation of ordinances is a fraud on the Constitution.
- Keywords: Recess, 6 Weeks, President’s Instructions.
- Special Facts: If the Assembly disapproves the ordinance, it lapses immediately.
Article 214
- Subject/Topic: High Courts for States.
- Key Provision: There shall be a High Court for each State.
- Part of Constitution: Part VI – Chapter V (The High Courts).
- Related Amendments: 7th Amendment (1956): Allowed for a common High Court for two or more States (e.g., Punjab and Haryana HC).
- Related Articles: Article 124 (Supreme Court), Article 231 (Common High Court).
- Keywords: High Court, Each State.
- Special Facts: As of now, there are 25 High Courts in India.
Article 215
- Subject/Topic: High Courts to be courts of record.
- Key Provision: Every High Court shall be a court of record and have the power to punish for contempt of itself.
- Part of Constitution: Part VI (The States).
- Related Articles: Article 129 (Supreme Court as Court of Record).
- Keywords: Court of Record, Contempt.
- Special Facts: Their judgments are recognized as legal precedents for all subordinate courts in the state.
Article 216
- Subject/Topic: Constitution of High Courts.
- Key Provision: A High Court consists of a Chief Justice and such other judges as the President may from time to time deem necessary.
- Part of Constitution: Part VI (The States).
- Important Features: Unlike the Supreme Court (where Parliament decides the number), the President (Executive) decides the number of judges for High Courts.
- Keywords: Chief Justice, President’s Discretion, Strength of HC.
Article 217
- Subject/Topic: Appointment and conditions of the office of a Judge of a High Court.
- Key Provision: Judges are appointed by the President after consultation with the CJI, the Governor, and (for other judges) the Chief Justice of that HC.
- Part of Constitution: Part VI (The States).
- Important Features: Tenure is until the age of 62.
- Qualifications: (1) Citizen of India; (2) Held a judicial office for 10 years; OR (3) Been an advocate of a High Court for 10 years.
- Exceptions/Limitations: No provision for “Distinguished Jurist” for High Court appointments (unlike the SC).
- Related Articles: Article 124 (SC Appointment).
- Keywords: 62 Years, 10 Years Advocate, Consultation, President.
- Special Facts: A High Court judge is removed in the same manner as a Supreme Court judge (Art 124(4)).
Article 218
- Subject/Topic: Application of certain provisions relating to Supreme Court to High Courts.
- Key Provision: Provisions of Article 124 (clauses 4 and 5) regarding the removal of judges apply to High Court judges.
- Part of Constitution: Part VI (The States).
- Keywords: Removal, Impeachment Procedure.
Article 219
- Subject/Topic: Oath or affirmation by Judges of High Courts.
- Key Provision: Every judge must take an oath before the Governor (or their appointee).
- Part of Constitution: Part VI (The States).
- Keywords: Oath, Governor.
- Special Facts: Format is found in the Third Schedule.
Article 220
- Subject/Topic: Restriction on practice after being a permanent Judge.
- Key Provision: A person who has been a permanent judge of a High Court cannot plead or act in any court in India except the Supreme Court and other High Courts.
- Part of Constitution: Part VI (The States).
- Exceptions/Limitations: They cannot practice in the same High Court where they were a permanent judge.
- Related Articles: Article 124(7) (Complete ban for retired SC judges).
- Keywords: Restriction on Practice, Post-retirement.
- Special Facts: This ensures that former judges do not unduly influence their colleagues in the courts where they previously served.
Article 221
- Subject/Topic: Salaries, etc., of Judges.
- Key Provision: Judges of each High Court are paid salaries as determined by Parliament by law.
- Part of Constitution: Part VI (The States).
- Important Features: Until Parliament passes such a law, salaries are as specified in the Second Schedule.
- Exceptions/Limitations: Neither the allowances nor rights (leave/pension) can be varied to a judge’s disadvantage after their appointment.
- Keywords: Salaries, Parliament, Second Schedule.
- Special Facts: These expenses are charged to the Consolidated Fund of the State.
Article 222
- Subject/Topic: Transfer of a Judge from one High Court to another.
- Key Provision: The President may, after consultation with the Chief Justice of India, transfer a judge from one High Court to any other High Court.
- Related Amendments: 15th Amendment (1963): Added a provision for a compensatory allowance to transferred judges.
- Important Cases: S.P. Gupta v. Union of India (First Judges Case): Discussed the criteria for “consultation” in transfers.
- Keywords: Transfer, President, CJI Consultation.
Article 223
- Subject/Topic: Appointment of acting Chief Justice.
- Key Provision: If the office of Chief Justice of a High Court is vacant or if the CJ is unable to perform duties, the President appoints one of the other judges of the Court to perform those duties.
- Keywords: Acting Chief Justice, Vacancy.
Article 224
- Subject/Topic: Appointment of additional and acting Judges.
- Key Provision: The President can appoint duly qualified persons as Additional Judges for a period not exceeding two years to clear arrears of work.
- Important Features: Acting Judges can also be appointed when a permanent judge (other than the CJ) is absent.
- Exceptions/Limitations: No additional or acting judge can hold office after reaching the age of 62.
- Keywords: Arrears of work, 2-Year limit, Acting Judges.
Article 224A
- Subject/Topic: Appointment of retired Judges at sittings of High Courts.
- Key Provision: The Chief Justice of a High Court (with President’s consent) can request a retired HC or SC judge to sit and act as a judge of that High Court.
- Related Amendments: 15th Amendment (1963): Inserted this article.
- Special Facts: This is used to handle extreme backlogs of cases.
Article 225
- Subject/Topic: Jurisdiction of existing High Courts.
- Key Provision: Preserves the jurisdiction and powers of the High Courts that existed at the commencement of the Constitution.
- Important Features: This includes their power to make rules of court.
- Keywords: Existing Jurisdiction, Rule-making power.
Article 226
- Subject/Topic: Power of High Courts to issue certain writs.
- Key Provision: High Courts have the power to issue directions, orders, or writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) for the enforcement of Fundamental Rights or for any other purpose.
- Part of Constitution: Part VI (The States).
- Important Features: The words “for any other purpose” mean the HC’s writ jurisdiction is wider than the Supreme Court’s (Art 32), as the SC only issues writs for Fundamental Rights.
- Keywords: Writs, Fundamental Rights, Legal Rights, Any other purpose.
- Special Facts: This is the most frequently cited article for judicial review of administrative actions.
Article 227
- Subject/Topic: Power of superintendence over all courts by the High Court.
- Key Provision: Every High Court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
- Important Features: This includes administrative and judicial superintendence.
- Exceptions/Limitations: Does not apply to courts or tribunals constituted for the Armed Forces.
- Keywords: Superintendence, Subordinate Courts, Tribunals.
Article 228
- Subject/Topic: Transfer of certain cases to High Court.
- Key Provision: If the High Court is satisfied that a case pending in a subordinate court involves a substantial question of law as to the interpretation of the Constitution, it shall withdraw the case.
- Keywords: Constitutional Interpretation, Withdrawal of cases.
Article 229
- Subject/Topic: Officers and servants and the expenses of High Courts.
- Key Provision: Appointments of officers and servants of a High Court are made by the Chief Justice of the Court.
- Important Features: Salaries and administrative expenses are charged upon the Consolidated Fund of the State.
- Keywords: HC Staff, Chief Justice’s power, Charged expenditure.
Article 230
- Subject/Topic: Extension of jurisdiction of High Courts to Union territories.
- Key Provision: Parliament may by law extend the jurisdiction of a High Court to, or exclude it from, any Union territory.
- Keywords: Union Territories, Parliament power.
Article 231
- Subject/Topic: Establishment of a common High Court for two or more States.
- Key Provision: Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.
- Related Amendments: 7th Amendment (1956): Substituted this article.
- Examples: The Bombay High Court (Maharashtra & Goa), Punjab and Haryana High Court.
- Keywords: Common High Court, Parliament Law.
Article 232
- Subject/Topic: Interpretation (Repealed).
- Status: REPEALED.
- History: Originally dealt with the interpretation of references to the Governor in Part B States.
- Repeal Details: Omitted by the Constitution (Seventh Amendment) Act, 1956, as the classification of States (Part A, B, C, D) was abolished.
Article 233
- Subject/Topic: Appointment of district judges.
- Key Provision: District judges are appointed, posted, and promoted by the Governor of the State.
- Important Features: The Governor must act in consultation with the High Court.
- Qualifications: For someone not already in judicial service: (1) Must be an advocate/pleader for at least 7 years; (2) Must be recommended by the High Court.
- Keywords: Governor, 7 Years Advocate, High Court Consultation.
Article 233A
- Subject/Topic: Validation of appointments of, and judgments, etc., delivered by, certain district judges.
- Key Provision: A “curative” article added to validate past appointments and judgments that didn’t strictly follow Articles 233 or 235.
- Related Amendments: 20th Amendment (1966).
- Special Facts: This was introduced after the Supreme Court declared certain appointments in UP as invalid.
Article 234
- Subject/Topic: Recruitment of persons other than district judges to the judicial service.
- Key Provision: Appointments to the lower judicial service (Civil Judge, etc.) are made by the Governor.
- Important Features: Made in accordance with rules framed by the Governor after consulting the State Public Service Commission (SPSC) and the High Court.
- Keywords: Lower Judiciary, SPSC, Rules.
Article 235
- Subject/Topic: Control over subordinate courts.
- Key Provision: The High Court has administrative control over district courts and all other subordinate courts.
- Important Features: This includes postings, promotions, and the granting of leave.
- Keywords: Administrative Control, Judicial Independence.
- Special Facts: This ensures that the lower judiciary is independent of the Executive branch of the State.
Article 236
- Subject/Topic: Interpretation.
- Key Provision: Defines “District Judge” and “Judicial Service.”
- Important Features: “District Judge” includes City Civil Court judges, Sessions Judges, and even Chief Presidency Magistrates.
- Keywords: Definitions, Scope.
Article 237
- Subject/Topic: Application of the provisions of this Chapter to certain class or classes of magistrates.
- Key Provision: The Governor can direct that the rules for judicial services apply to any class of magistrates in the State.
- Special Facts: This helps in the separation of the judiciary from the executive at the magistrate level.
100 Practice MCQs – Indian Constitution (Articles 123–237)
1. Under Article 123, an Ordinance promulgated by the President must be laid before both Houses of Parliament. It ceases to operate at the expiration of:
A. 6 months from reassembly
B. 6 weeks from reassembly
C. 3 months from reassembly
D. 1 year from reassembly
Answer: B. 6 weeks from reassembly
2. Which Article states that the Law declared by the Supreme Court shall be binding on all courts within the territory of India?
A. Article 131
B. Article 136
C. Article 141
D. Article 142
Answer: C. Article 141
3. In which landmark case did the Supreme Court define the “Consultation” process for the appointment of judges?
A. S.P. Gupta v. Union of India (First Judges Case)
B. Kesavananda Bharati Case
C. Menaka Gandhi Case
D. Indra Sawhney Case
Answer: A. S.P. Gupta v. Union of India
4. Under Article 143, the President can seek the opinion of the Supreme Court. This is known as:
A. Original Jurisdiction
B. Appellate Jurisdiction
C. Advisory Jurisdiction
D. Special Leave Petition
Answer: C. Advisory Jurisdiction
5. Article 129 of the Constitution declares the Supreme Court to be a:
A. Court of Record
B. Constitutional Court
C. Federal Court
D. Highest Court of Appeal
Answer: A. Court of Record
6. Which Article provides that the same person can be appointed as Governor for two or more States?
A. Article 152
B. Article 153
C. Article 155
D. Article 160
Answer: B. Article 153 (amended by 7th Amendment)
7. The Governor holds office during the “Pleasure of the President” under which Article?
A. Article 154
B. Article 155
C. Article 156
D. Article 158
Answer: C. Article 156
8. Article 161 gives the Governor the power to grant pardons. However, the Governor CANNOT pardon:
A. A sentence for a State law crime
B. A sentence by a Court Martial
C. A death sentence
D. Both B and C
Answer: D. Both B and C
9. According to Article 163, the Governor acts on the advice of the Council of Ministers except in matters where he exercises:
A. Executive Power
B. Discretion
C. Legislative Power
D. Immunity
Answer: B. Discretion
10. Who appoints the Advocate-General for the State under Article 165?
A. The President
B. The Chief Justice of High Court
C. The Governor
D. The Chief Minister
Answer: C. The Governor
11. Which Article gives the State Legislature the power to abolish or create a Legislative Council?
A. Article 168
B. Article 169
C. Article 170
D. Article 171
Answer: B. Article 169
12. What is the maximum gap allowed between two sessions of the State Legislature under Article 174?
A. 3 months
B. 6 months
C. 9 months
D. 1 year
Answer: B. 6 months
13. Article 189 defines the “Quorum” for a meeting of a House of the Legislature of a State. What is the Quorum?
A. 1/5th of the total members
B. 10 members or 1/10th of total members, whichever is greater
C. 20 members
D. 1/3rd of the total members
Answer: B. 10 members or 1/10th of total members, whichever is greater
14. Under Article 191, the decision on disqualification of a member on grounds of “Defection” is taken by:
A. The Governor
B. The Election Commission
C. The Speaker/Chairman of the House
D. The High Court
Answer: C. The Speaker/Chairman of the House (Tenth Schedule)
15. Article 200 deals with the Governor’s power regarding Bills. He may reserve a Bill for the consideration of:
A. The Prime Minister
B. The Chief Justice of India
C. The President
D. The Parliament
Answer: C. The President
16. Which Article prohibits the Courts from inquiring into the proceedings of the State Legislature?
A. Article 210
B. Article 211
C. Article 212
D. Article 213
Answer: C. Article 212
17. Every High Court shall be a “Court of Record” according to:
A. Article 214
B. Article 215
C. Article 216
D. Article 217
Answer: B. Article 215
18. The retirement age of a High Court Judge was increased from 60 to 62 years by which amendment?
A. 7th Amendment
B. 15th Amendment
C. 42nd Amendment
D. 44th Amendment
Answer: B. 15th Amendment (relates to Art. 217)
19. Under Article 222, who has the power to transfer a Judge from one High Court to another?
A. The Chief Justice of India
B. The President
C. The Governor
D. The Law Minister
Answer: B. The President (after consultation with CJI)
20. Article 226 empowers the High Court to issue writs. This jurisdiction is:
A. Narrower than Article 32
B. Wider than Article 32
C. Equal to Article 32
D. Non-justiciable
Answer: B. Wider than Article 32 (Because it covers legal rights too, not just FRs)
21. The power of “Superintendence” over all subordinate courts is given to the High Court under:
A. Article 226
B. Article 227
C. Article 228
D. Article 229
Answer: B. Article 227
22. Article 231 provides for the establishment of a:
A. High Court for Union Territories
B. Common High Court for two or more States
C. Separate Court for Revenue
D. Supreme Court Bench in South India
Answer: B. Common High Court for two or more States
23. Under Article 233, the appointment of “District Judges” is made by the Governor in consultation with:
A. The State Public Service Commission
B. The High Court
C. The Chief Minister
D. The President
Answer: B. The High Court
24. The “Control over Subordinate Courts” is vested in the High Court under which Article?
A. Article 234
B. Article 235
C. Article 236
D. Article 237
Answer: B. Article 235
25. In the case of Nabam Rebia v. Deputy Speaker (2016), the Supreme Court interpreted the Governor’s powers under which Article?
A. Article 163
B. Article 174
C. Article 200
D. Both A and B
Answer: D. Both A and B (Powers to summon the house and discretionary powers)
26. Article 213 deals with the Governor’s power to legislate. In which case did the SC rule that re-promulgation of Ordinances is unconstitutional?
A. D.C. Wadhwa v. State of Bihar
B. S.R. Bommai Case
C. Kesavananda Bharati Case
D. Golaknath Case
Answer: A. D.C. Wadhwa v. State of Bihar
27. Which Article states that the Governor shall address the first session after each general election?
A. Article 175
B. Article 176
C. Article 177
D. Article 178
Answer: B. Article 176 (Special Address)
28. If a question arises as to whether a Bill is a “Money Bill” in the State Legislature, whose decision is final?
A. The Governor
B. The Chief Minister
C. The Speaker of the Legislative Assembly
D. The Chairman of the Legislative Council
Answer: C. The Speaker of the Legislative Assembly (Art. 199)
29. Article 202 refers to the “Annual Financial Statement” for the State. It is commonly known as:
A. State Audit
B. State Budget
C. Economic Survey
D. Demand for Grants
Answer: B. State Budget
30. Under Article 217, a person is qualified to be a High Court judge if he has been an advocate of a High Court for at least:
A. 5 years
B. 7 years
C. 10 years
D. 15 years
Answer: C. 10 years
