Which one of the following statements relating to the Constitution of India is not correct?
The provisions of Articles 324 to 329 apply equally to States as well as Union Territories.
Only some of the provisions of Articles 324 to 329 apply to one Union Territory.
The provisions of Articles 124(4) and 124(5) apply to both the Supreme Court and all the High Courts.
The definition of 'State' provided under Article 12 applies to both the Fundamental Rights as well as the Directive Principles of State Policy.
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC Combined Section Officer – 2019-20
– While these provisions apply to States, their application to Union Territories (UTs) is not necessarily ‘equal’. Some UTs have their own legislatures (e.g., Delhi, Puducherry, Jammu and Kashmir), for which election provisions similar to State Legislatures apply. However, UTs without legislatures (like Andaman & Nicobar Islands, Lakshadweep) only have elections for representation in Parliament. Therefore, the full set of provisions related to both Parliament and State Legislature elections from Articles 324-329 does not apply ‘equally’ to all UTs compared to States, or even equally across all types of UTs.
– Statement B is plausible as in a UT without a legislature, only provisions related to parliamentary elections from Articles 324-329 would apply, meaning “only some” apply.
– Statement C is correct because Article 218 makes the provisions of clauses (4) and (5) of Article 124 (relating to removal of Supreme Court judges and Parliament’s power to regulate procedure) applicable to High Court judges.
– Statement D is correct because Article 36 explicitly states that the definition of “the State” in Part IV (Directive Principles) is the same as in Part III (Fundamental Rights), where Article 12 defines “the State”.