36) Who among the following is bound to act with aid and advice of Council of Ministers, except when he is required to exercise his functions in his discretion as required by the Constitution?

A) The President of India
B) The Governor of a State
C) The Comptroller and Auditor General of India
D) Both the President and Governor

37) Under the Indian Constitution the residuary power to make any law not enumerated in the Concurrent List or the State list is

A) With the State Legislature
B) With the Parliament
C) Is with the Parliament after approval of the Council of States
D) Is with the Council of States

38) The Supreme Court has held that Executive power is

A) The residual power after removing legislative and judicial powers
B) Narrow and confined to executing laws made by Parliament
C) That power which is expressly conferred by the Constitution on the Executive
D) A constituent power which is an amalgam of legislative, executive and judicial

39) Separation of powers in the Indian Constitution is only between the executive and the judiciary because

A) In the Westminster model of Government adopted in India, the legislative and executive powers are combined.
B) The Supreme Court has held that there is no strict separation of powers in the Indian Constitution.
C) Judiciary has usurped many legislative powers.
D) India does not follow a strictly federal form of government.

40) When a Proclamation of Emergency is in operation, the President may declare that

A) The right to approach any court for the enforcement of all rights under Part III may be suspended.
B) The right to approach any court for the enforcement of Article 20 of the Constitution may be suspended.
C) The right to approach any court for the enforcement of Article 21 of the Constitution may be suspended.
D) The right to approach any court for the enforcement of such of the rights under Part III, except those under Articles 20 and 21 may be suspended.