Interview questions and answers on the constitution of India for UPSC, Civil Services, IAS and Indian Judicial Examinations!
Q.1. Why is the Constitution of India called the ‘Living Law’?
[Assam Judicial Service (Grade-III) Written Examination, 2015]
Ans. The Constitution of India called the ‘Living Law’ because it has been framed in a way to adjust to the changing times and the situations of the country. It accepts modifications and amendments easily according to the needs and requirements of present and future.
A day before Constitution of India was formally adopted on November 26, 1949 after nearly three years of intense deliberations, Dr. Bhimrao Ambedkar delivered one of his finest speeches. Summing up the work of the Constituent Assembly, he said, “However good a Constitution may be, it is sure to turn out to be bad because those who are called to work it happen to be a bad lot. However, bad a Constitution may be, it may turn out to be good if those who are called to work it happen to be a good lot.”
It is very easy to bring about an amendment in the Indian Constitution as compared to the Constitutions of other countries like the American Constitution and Australian Constitution.
It is extremely difficult to bring about an amendment in the American Constitution. But our Constitution makers were very careful that it would neither be very difficult for the government to change the constitution nor be extremely easy which would otherwise lead to constitutional breakdown.
Indeed, the provisions for amendment is what makes a constitution a living document, and successive governments have not been shy of using it. So far the Indian Constitution has been amended 101 times and there are plenty more on the way.
Thus, the Indian Constitution changes with changing times and hence, it is known as a Living law.
“The Preamble to the Constitution sets out the aims and aspirations of the people of India”. Critically examine the above statement.
[Legal Officer, Reserve Bank of India Examination, 2016]
Q.2. Write the Preamble of the Constitution of India.
[Manipur Judicial Service (Grade-III) Written Examination, 2014-2015]
What are the essential features of the Preamble of the Constitution of India?
[Assam Judicial Service (Grade-III) Written Examination, 2008]
Write notes on Preamble to the Constitution of India.
[Bihar Judicial Service Main Examination, 2000]
Ans. The Preamble of the Constitution sets out the aims and aspirations of the people of India and these have been translated into the various provisions of the Constitution. The Preamble of the Constitution is as under-
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The Preamble, being the key to know the intention of constitution framers, enshrines the ideas and philosophy of the constitution. Its importance is in role to be played in interpretation of statues, also in the interpretation of provisions of the Constitution.
Constitution should be read and interpreted in the light of grand and novel vision expressed in the preamble. The ultimate aims of the Constitution framers was to have a welfare State and an egalitarian society projecting the aims and aspiration of the people of India who made the extreme sacrifice for attainment of the country’s freedom.
It is valuable to note that the Preamble was adopted by the Constituent Assembly after the draft Constitution has been approved.
The idea was that the Preamble should be in conformity with the provisions of the Constitution and express in a few words the philosophy of the Constitution. After the transfer of power, the Constituent Assembly became sovereign, which it reflected in its words “give to ourselves this Constitution” in the Preamble.
It is also implied that the Preamble emanated from the people of India and sovereignty lies with them.
Allahabad High Court in U.P. State Electricity Board v. State of U.P., (1995) IIIIJ 469. All quoted that the aims and object intended in the preamble of the Constitution indicate the aspirations of the people.
Supreme Court in Kesavananda Bharathi v. State of Kerala, (1973) 4 SCC 225 overruled its earlier decision (In Re: The Berubari Union, AIR 1960 SC 845) and made it clear that the Preamble is a part of the constitution and is subject to the amending power of the Parliament as any other constitutional provisions, subject to basic structure of the constitution. However, it is not an essential part of the constitution; still it serves as an important guide to interpret the true spirit of the Constitution.
Q.3. What are the basic features of Constitution of India?
[Assam Judicial Service (Grade-III) Written Examination, 2011]
Ans. The basic features of Indian Constitution are:
1. Written and Lengthiest Constitution:
It is the written lengthiest constitution in the world.
2. Preamble:
At the outset of the constitution, there is a Preamble, which is important in several aspects. It narrates the ideals (Justice, Equality, Individual Dignity, Fraternity and National Unity) and aspirations of the Indian people.
3. Republic:
India is a Republic. As a Republic nation, people have a right to form their own government and to elect the head of the government.
4. Government of the People:
It upholds a form of government which is of the people, by the people and for the people (as said by Abraham Lincoln). People have the right to elect their own rulers.
5. Fundamental Rights and Fundamental Duties:
It has given Six Fundamental Rights to all the citizens. The government cannot take away any of these rights. When these rights are violated, the Judiciary would come to the rescue of the citizens. In addition to the Fundamental Rights, it has stated eleven Fundamental Duties to be performed by the citizens.
6. Secularism:
As per the principle of secularism, the government must be impartial towards all the religions followed by its citizens. There shall be no ‘State Religion’. At the same time, the government guarantees freedom of faith and worship to all citizens. However, the government has the right to restrict religious freedom when it disturbs public peace, as well as law and order.
7. Independent Judiciary:
Under the democratic system, all citizens are equal before the law. There cannot be different sets of laws for the different groups of people. The judiciary is expected to provide justice to all the sections of the society. Therefore, the Judiciary is given adequate powers. The Supreme Court acts as a guardian of the Constitution and protector of little man.
8. Universal Adult Franchise:
The system of election of representatives by all the adults of a country is called as Universal Adult Franchise. In India, an adult means one who is above the age of eighteen.
9. Equal Rights to Women:
Here, both men and women have been given equal rights. The exploitation of women is considered an offence. Both get equal pay for equal work.
10. A Welfare State:
A State which aims at providing social and economic security to all its citizens is known as a Welfare State. Social Security must be provided to the citizens so that they would live a peaceful life. They should have employment and adequate income, food, clothes, shelter and health care.
The aged and destitute must get proper protection. It protects the weaker sections from exploitation, and provides equal social, economic and political opportunities to all citizens.
11. It is federal in form but unitary in spirit.
12. It is neither too rigid (as some provisions can be amended by a simple majority) nor flexible (as some provisions require special majority for amendment).
Q.4. Explain how and who can form new States and alter areas, boundaries or names of existing State?
[Assam Judicial Service (Grade-III) Written Examination, 2011]
Ans. Article 3 of the Indian Constitution deals with the formation of new States and alteration of areas, boundaries or names of existing States.
It states that Parliament may by law:
(a) Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) Increase the area of any State;
(c) Diminish the area of any State;
(d) Alter the boundaries of any State;
(e) Alter the name of any State;
In other terms, Indian Parliament under Article 3 of the Constitution of India may form or establish a new State in following ways:
i. By separation of territory from any State or
ii. By uniting two or more States or
iii. By uniting any parts of States or
iv. By uniting any territory to a part of any State.
Further, this Article provides that no Bill for this purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.
If the concerned State Legislatures, to whom the Bill has been referred, do not express their views within prescribed period, the Bill may be introduced in Parliament. In Babulal v. State of Bombay, AIR 1960 SC 51, the Court held that if the State Legislature has expressed its views within time/extended time, the Parliament is not bound to accept or act upon the views of the State Legislature.
Q.5. Write short note on judicial review.
[Assam Judicial Service (Grade-III) Written Examination, 2006]
Ans. Judicial review is the power of the courts to examine the legislative, executive and administrative actions of the government to determine whether such actions are consistent with the Constitution. Judicial review is usually considered to have begun with the assertion by John Marshall in Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) that the Supreme Court of the United States had the power to invalidate legislation enacted by Congress.
The scope of judicial review is limited both in its availability and function: the role of the court is not to remake the decision being challenged, or to inquire into the merits of that decision, but to conduct a review of the process by which the decision was reached in order to assess whether that decision was flawed and should be revoked.
The concept of Judicial Review has it foundation on the following constitutional principles:
(i) The Government that cannot satisfy the ‘governed’, the legitimacy of its action cannot be expected to be considered legitimate and democratic and such government also cannot expect to receive the confidence and satisfaction of the governed.
(ii) The government in a democracy is a government of limited powers, and a government with limited powers has to take recourse to a machinery or agency for the scrutiny of charges of legislative views and constitutional disobedience, and such act of scrutiny can be done impartially and unbiasedly only by the court.
(iii) Each citizen in a democracy, who is aggrieved of a legislative Act on the ground of constitutional violation, has the inherent right to approach the court to declare such legislative Act unconstitutional, and void.
(iv) In a federal State, judicial arbitration is inevitable in order to maintain balance between the Centre and the State.
(v) Where the constitution guarantees the fundamental rights, legislative violation of the rights can be scrutinized by the court alone.
(vi) The legislature being the delegate and agent of the sovereign people has no jurisdiction and legal authority to delegate essential legislative function to any other body.
Judicial Review is one of the cardinal features of Indian constitutional system. India has constitutional and limited democracy which imposes limitations on the power of the government and banks on majority rule to avoid tyranny and arbitrariness.
There is no express provision in the Constitution of India declaring the Constitution to be the supreme law of land, because they believed that when all the organs of government, federal and State, owe their origins to the constitution and derive powers there form, and the Constitution itself cannot be altered except in the manner specifically laid down in the Constitution.
The Indian Judiciary has also power of judicial review under the provisions of Articles 13,32, 131,136, 143,226 and 246.
In S.P. Sampath Kumar v. Union of India, (1987) 1 SCC 124 P.N. Bhagwati, C.J. declared that it was well settled that judicial review was a basic and essential feature of the Constitution. If the power of judicial review was absolutely taken away, the Constitution would cease to be what it was.
The Court further declared that if a law made under Article 323-A (1) were to exclude the jurisdiction of the High Court under Articles 226 and 227 without setting up an effective alternative institutional mechanism or arrangement for judicial review, it would be violative of the basic structure and hence outside the constituent power of Parliament.
In Kihoto Hollohan v. ZachIIIhu, 1992 Supp (2) SCC 651 the Constitution Bench, while examining the validity of para 7 of the Tenth Schedule to the Constitution which excluded judicial review of the decision of the Speaker/Chairman on the question of disqualification of MLAs and MPs, observed that it was unnecessary to pronounce on the contention whether judicial review is a basic feature of the Constitution and para 7 of the Tenth Schedule violated such basic structure.
In L. Chandra Kumar v. Union of India, (1997) 3 SCC 261 a larger Bench of seven Judges unequivocally declared that the power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure”.
Q.6. Write short note on Doctrine of Eclipse.
[Assam Judicial Service (Grade-III) Written Examination, 2015]
What is the doctrine of eclipse? Can it be applied to a post Constitutional law? Discuss with the aid of case-law.
[Uttarakhand Higher Judicial Service Mains Examination, 2015]
Write note on doctrine of eclipse.
[Tripura Judicial Service (Grade-III) Written Examination, 2014]
What do you mean by doctrine of eclipse? Discuss also the case laws on the subject. [Tripura Judicial Service (Grade-I) Written Examination, 2014]
Ans. As per the Doctrine of Eclipse, any law inconsistent with fundamental rights is not totally void but that is overshadowed by the fundamental rights and after removing that inconsistency (vanishing eclipse) the entire law becomes valid.
In other words, a law which violates fundamental rights is not void ab initio but is only unenforceable in the court of law. It is over-shadowed by the fundamental rights and remains dormant.
This doctrine is related with Article 13(1) of the Constitution of India and it was evolved by the Supreme Court in the case of Bhikaji Narain Dhakras v. State of M.P., 1955 SCR (2)589.
Supreme Court of India in Deep Chand v. State of Uttar Pradesh, 1959 SCR Supl. (2)8 observed that there is no scope for applying the doctrine of eclipse to a case where the law is void ab initio in whole or in part.
Supreme Court of India in P. Ratinam v. Union of India, 1994 SCC (3) 394 held Section 309 of the Indian Penal Code, 1860 unconstitutional. Hence, the section was under eclipse. However, a constitutional bench in Gian Kaur v. State of Punjab, 1996 SCC (2) 648 reversed this decision and held section 309 as constitutional whereby the eclipse was removed and it became operational again.
The doctrine of eclipse can be invoked only in the case of a law valid when made but a shadow is cast on it by supervening constitutional inconsistency or supervening existing statutory inconsistency; when the shadow is removed the impugned Act is freed from all blemishes or infirmity.
[Rajasthan Civil Judge Main Examination, 2015]
Ans. Doctrine of Severability states that when a part of the statute is declared unconstitutional, only the unconstitutional part is to be removed and the remaining valid part will continue to valid. The objective is to retain the Act or legislation in force by removing only the void portion and retaining the rest.
The doctrine of severability rests on a presumed intention of the legislature that if a part of a statute turns out to be void, that should not affect the validity of the rest of it, and that that intention is to be ascertained from the terms of the statute.
It is the true nature of the subject-matter of the legislation that is the determining factor, and while a classification made in the statute might go far to support a conclusion in favour of severability, the absence of it does not necessarily preclude it.
It is a feature usual in latter day legislation in America to enact a clause that the invalidity of any part of the law shall not render the rest of it void, and it has been held that such a clause furnishes only prima facie evidence of severability, which must in the last resort be decided on an examination of the provisions of the statute.
In Superintendent, Central Jail v. Ram Manohar Lohia, 1960 SCR (2) 821 Supreme Court said that the doctrine of severability vis-a-vis the fundamental rights is sought to be supported on the basis of the wording of Article 13 (1) of the Constitution.
Under that Article laws, in so far as they are inconsistent with the provisions of Part III, ire void only to the extent of such inconsistency. But this implies that consistent and inconsistent parts of a law are severable.
After a review of the law on the doctrine of severability Venkatarama Ayyar, J. summarised the principles governing the said doctrine in R.M.D. Chamarbaugwalla v. Union of India, 1957 SCR 930 at pages 950-952 thus:
1. In determining whether the valid parts of a statute are separable from the invalid parts thereof it is the intention of the legislature that is the determining factor. The test to be applied is whether the legislature would have enacted the valid part if it had known that the rest of the statute was invalid. Vide Corpus Juris Secundum, Vol. 82, P 156; Sutherland on Statutory Construction Vol. 2 PP. 176-177.
2. If the valid and invalid provisions are so inextricably mixed up that they cannot be separated from one another, then the invalidity of a portion must result in the invalidity of the Act in its entirety. On the other hand, if they are so distinct and separate that after striking out what is invalid, what remains is in itself a complete code independent of the rest, then it will be upheld notwithstanding that the rest has become unenforceable. Vide Cooley’s constitutional Limitations, Vol. 1 at PP. 360-361; Crawford on Statutory Construction, PP. 217-218.
3. Even when the provisions which are valid are distinct and separate from those which are invalid, if they all form part of a single scheme which is intended to be operative as a whole, then also the invalidity of a part will result in the failure of the whole. Vide Crawford on Statutory Construction, PP. 218-219.
4. Likewise, when the valid and invalid parts of a statute are independent and do not form part of a scheme but what is left after omitting the invalid portion is so then and truncated as to be in substance different from what it was when it emerged out of the legislature, then also it will be rejected in its entirety.
5. The separability of the valid and invalid provisions of a statute does not depend on whether the law is enacted in the same section or different sections; (Vide Cooley’s Constitutional Limitations, Vol. I, PP. 361-362); it is not the form, but the substance of the matter that is material, and that has to be ascertained on an examination of the Act as a whole and of the sating of the relevant provisions therein.
6. If after the invalid portion is expunged from the statute what remains cannot be enforced without making alterations and modifications therein, then the whole of it must be struck down as void, as otherwise it will amount to judicial legislation. Vide Sutherland on Statutory Construction, Vol. 2, p. 194.
7. In determining the legislative intent on the question of separability, it will be legitimate to take into account the history of the legislation, its object, the title and the preamble to it. Vide Sutherland on Statutory Construction, Vol. 2, PP. 177-178.
Supreme Court of India in Kihota Hollohon v. Zachilhu and others, AIR 1993 SC 412 said that the Doctrine of Severability applies in a case where an otherwise validly enacted legislation contains a provision suffering from a defect of lack of legislative competence and the invalid provision is severable leaving the remaining valid provisions a viable whole.
This doctrine has no application where the legislation is not validly enacted due to non-compliance of the mandatory legislative procedure such as the mandatory special procedure prescribed for exercise of the constituent power.
It is not possible to infuse life in a still born by any miracle of deft surgery even though it may be possible to continue life by removing a congenitally defective part by surgical skill.
Even the highest degree of surgical skill can help only to continue life but it cannot infuse life in the case of still birth.
Q.8. What are the fundamental rights guaranteed under the Constitution of India? Distinguish those from the Directive Principles of State Policy conceptually.
[Assam Judicial Service (Grade-III) Written Examination, 2008]
Discuss briefly the fundamental rights under the Constitution of India.
[Uttarakhand Higher Judicial Service Mains Examination, 2009]
Distinguish fundamental rights and directive principles?
[Assam Judicial Service (Grade-III) Written Examination, 2011]
Ans. The fundamental rights are contained in Part-III of the Constitution. The original Constitution had seven fundamental rights but right to property was deleted from this list by 44th Constitution (Amendment) Act, 1978 and currently there are only six fundamental rights as follows-
1. Right to Equality- Articles 14-18
2. Right to Freedom- Articles 19-22
3. Right against Exploitation- Articles 23-24
4. Right to Freedom of Religion- Articles 25-28
5. Cultural and Educational Rights-Articles 29-30
6. Right to Constitutional Remedies- Articles 32
Some fundamental rights are available only to Indian citizens like Article 15,16,19 and 29 and remaining fundamental rights are available to all the persons.
Fundamental Rights and Directive Principles are essential elements of Indian Constitution. Fundamental Rights are given under Part III (Article 12-35) while Directive Principles are given under Part IV (Article 36-51) of the Indian Constitution.
Describing the importance of DPSP, Dr. Ambedkar said that “if any Government ignores them, they will certainly have to answer them before the electorate”.
The main difference between Fundamental Rights and Directive Principles is regarding justiciability. Fundamental Rights are enforceable by law, but Directive Principles are not enforceable by law.
Fundamental Rights are such rights which are essential for the overall development of human being but the Directive Principles are directives which are supposed to be applied by the Sates while framing any policy.
Following are distinction between these both:
i. The DPSP require to be implemented by Legislation, but, at the same time no existing Law or Legal Right can be violated under the colour of following a Directive.
ii. The Courts can declare any law as void on the ground that it contravenes any of the Fundamental Rights.
iii. The Courts are not competent to compel the Government to carry out any DPSP or to make any law for that purpose.
iv. The DPSP per se do not confer upon or take away any Legislative Power from the appropriate Legislature,
v. Although it is the duty of the State to implement the DPSP, yet the State can do so only subject to the limitation imposed by the Constitution itself i.e., Article 13(2) prohibits the State from making any law which takes away or abridges the Fundamental Rights conferred by Part III and the Directive Principles therefore cannot override this categorical limitation.
In Kesvananda Bharati v. State of Kerala AIR 1973 SC 1461, the Supreme Court held that ‘fundamental rights and directive principles aim at the same goal of bringing about a social revolution and establishment of a welfare State and they can be interpreted and applied together.
Justice Bhagawati in Minerva Mills Ltd. v. Union of India MR 1980 SC 1789 observed that ‘the Indian Constitution is founded on the bed-rock of the balance between Parts III & IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
This harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution. The goals set out in Part IV have to be achieved without the abrogation of the means provided for by Part III.
It is in this sense that Parts III & IV together constitute the core of our Constitution and combine to form its conscience.
Anything that destroys the balance between the two parts will ipso facto destroy an essential element of the basic structure of our Constitution”.
Q.9. ‘Arbitrariness is antithesis of Article 14 of the Constitution of India’. Elaborate.
[Rajasthan Civil Judge Main Examination, 2015]
Arbitrariness is the anti-thesis of Article 14. Do you agree with the said statement? If so, give reasons.
[Assam Judicial Service (Grade-III) Written Examination, 2006]
Ans. The said statement is taken from E. P. Royappa v. State of Tamil Nadu & another, 1974 SCR (2) 348 wherein it is mentioned that equality is a dynamic concept with many aspects and dimensions and it cannot be “cribbed cabined and confined” within traditional and doctrinaire limits.
From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14.
In Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722 the court ruled that it must therefore now be taken to be well settled that what Article 14 strikes at is arbitrariness because any action that is arbitrary, must necessarily involve negation of equality.
The doctrine of classification which is evolved by the courts is not para-phrase of Article 14 nor is it the objective and end of that Article. It is merely a judicial formula for determining whether the legislative or executive action in question is arbitraiy and therefore constituting denial of equality.
Wherever therefore there is arbitrariness in State action whether it be of the legislature or of the executive or of “authority” under Article 12, Article 14 immediately springs into action and strikes down such State action. In fact, the concept of reasonableness and non- arbitrariness pervades the entire constitutional scheme and is a golden thread which runs through the whole of the fabric of the Constitution.
In Menaka Gandhi v. Union of India, 1978 SCR (2) 621 the Apex Court said that Article 14 strikes, at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence and the procedure contemplated by Article 21 must answer the best of reasonableness in order to be in conformity with Article 14.
Q.10. Write short note on Rule of Double Jeopardy.
[Legal Officer, Reserve Bank of India Examination, 2016]
Ans. The rule of ‘double jeopardy’ proscribes a person from being tried in respect of the same charges for which he has been tried earlier and acquitted or convicted. A person accused of an offence is entitled to enter peremptory plea of “autrefois acquit” or “autrefois convict” (autrefois means “previously” in french).
Thereby pleading that the accused has already been acquitted or convicted of the same offence for which he is now been tried and thus cannot be proceeded against for the second time. This rule of ‘double jeopardy’ is embodied in Article 20 (2) of the Constitution of India which reads as- No person shall be prosecuted and punished for the same offence more than once.
Delhi High Court in Bhupinder Singh v. Punjab & Sind Bank, decided on 22 April, 2015 held that the rule of double jeopardy is founded identity of offences and not the commonality of facts. The essential conditions for invoking the rule of’ double jeopardy’ is that the offence for which a person is accused must be the same offence for which he has been tried earlier and acquitted or convicted as the case may be.
Q.11. Write short note on Right to Privacy.
[Legal Officer, Reserve Bank of India Examination, 2016]
Ans. Right to privacy, though not specifically mentioned in the Constitution of India, has been recognised by the Indian judiciary by interpreting Article 21. The right to privacy is the right to be let alone, in the absence of some “reasonable” public interest in a person’s activities. In R. Rajgopal and another v. State of Tamil Nadu, (1994) 6 SCC 632, Jeevan Reddy, J. speaking for the Court observed that in recent times right to privacy has acquired constitutional status.
The right to privacy as an independent and distinctive concept originated in the field of Tort law, under which a new cause of action for damages resulting from unlawful invasion of privacy was recognised.
This right has two aspects which are but two faces of the same coin – (1) the general law of privacy which affords a tort action for damages resulting from an unlawful invasion of privacy and (2) the constitutional recognition given to the right to privacy which protects personal privacy against unlawful governmental invasion. Any right to privacy must encompass and protect the personal intimacies of the home, the family, marriage, motherhood, procreation and child-rearing.
[Advocates-on-Record Examination, 2012]
Ans. Article 32 of the constitution deals with ‘Right to Constitutional Remedies’ in which the Supreme Court can issue directions, orders or writs for the enforcement of fundamental rights.
(a) Habeas Corpus:
Habeas Corpus, a Latin term, means ‘produce the body’. This writ is, generally, issued to produce the body of a person detained illegally. This is one of what are called the “extraordinary”, or “prerogative writs”.
(b) Mandamus:
Mandamus, a Latin term, means ‘we command’. This writ is issued from a court of superior jurisdiction that commands an inferior judicial or quasi-judicial body to do or not to do something in the nature of public duty.
(c) Prohibition:
Generally, this writ is issued to prevent an inferior court/tribunal from exceeding its jurisdiction or acting contrary to the rule of natural justice. This writ is issued when the matter is pending in the court but when the matter has been already decided, the writ of certiorari is issued.
(d) Quo Warranto:
Quo warranto means ‘what is your authority’. This writ is issued against the person who has occupied any public office without authority.
(e) Certiorari:
On the ground of lack of jurisdiction, generally, this writ is issued by the High Courts and Supreme Court.
MCQS:
Q.13. Give correct response to:
(a) Council of Ministers are collectively responsible to the House of People
(b) they are answerable to the President
(c) they are responsible to the Prime Minister only
(d) they are not responsible to anyone.
Ans. (a)
Q.14. The Rajya Sabha has 12 nominated members. They are nominated by the President from among the persons having special knowledge or practical experience in:
(a) literature, science, art and social sciences
(b) literature, science, art and law
(c) literature, science, art, law and social work
(d) literature, science, art, philosophy, law and social work.
Ans. (a)
Q.15. The Indian Parliament consists of:
(a) Lok Sabha, Rajya Sabha and the President
(b) Lok Sabha and Rajya Sabha
(c) House of People and Council of States
(d) Lok Sabha.
Ans. (a)
Q.16. Which of the following is incorrect:
(a) A person who is a minister in the Union Government or the State Government, is not qualified to be returned to the Parliament
(b) A person who is declared to be of unsound mind by the competent court, cannot seek election to Parliament
(c) A person who is an undischarged insolvent, is disqualified from seeking election to either House of Parliament or State Legislature
(d) A person who holds an office of profit under the Government of India or under State Government is not entitled to seek election to any House of Parliament or State Legislature.
Ans. (a)
Q.17. Which of the following is incorrect:
(a) Prorogation of the House has the effect of wiping out the pending business
(b) Adjournment of the House does not affect the pending business and the same may be taken up in the next sitting
(c) The power of summoning and prorogation of the House is vested in the President, though it is exercised on the aid and advice of the Prime Minister and Council of Ministers.
(d) Dissolution of Lok Sabha means that pending business is wiped out.
Q.18. A member of Parliament has immunity from arrest:
(a) A member of Parliament cannot be arrested and put in prison in a civil action within a period of 40 days before the commencement of the Session and 40 days after the termination of the Session
(b) A member of Parliament cannot be prosecuted in criminal proceedings
(c) An MP cannot be detained preventively
(d) An MP cannot be arrested for the contempt of Court.
Q.19. The Supreme Court observed that Parliamentary privileges are not subject to fundamental rights:
(a) Ganpati v. Hafisul Hasan (Blitz case)
(b) M.S.M. Sharma v. Sinha (Search Light case)
(c) Keshav Singh v. Speaker, U.P.
(d) Prabhat case.
Q.20. Parliamentary Privileges are not available to:
(a) Attorney-General when he participates in the proceeding of House of People
(b) Minister’s speech made in a House of which he is not a member
(c) an individual who is called upon to testify before the House
(d) the citizen who distributes pamphlet in the House.
Q.21. In case of conflict between fundamental rights of citizens and privileges of Parliament:
(a) Parliamentary privilege with true supremacy
(b) Fundamental Rights will prevail over privilege
(c) Some of the fundamental rights are sacrosanct over which privileges will not prevail
(d) Generally, Parliamentary privileges will prevail but Parliament while acting against the fundamental rights of citizens should not violate due process of law.
Q.22. Which of the following is incorrect:
(a) Newspaper can publish Parliamentary proceedings
(b) Newspapers can publish any part of proceedings with the permission of the Speaker
(c) Newspapers have also the freedom to publish expunged portions of the speech of an MP
(d) Parliament has freedom to publish its proceedings.
Q.23. Which of the following statements is correct:
(a) No member of Parliament can be proceeded with in a court of law for any disclosure he makes in Parliament
(b) A member of Parliament is protected for any defamatory speech he makes in the Parliament and then circulates its copies to the public
(c) A member of Parliament is protected for any speech he makes in the Parliament
(d) A member of Parliament has absolute freedom of speech.
Q.24. The Speaker may be removed:
(a) by a resolution of a House passed by the majority of total membership of the House
(b) by a resolution of the House passed by 2/3rd majority of members present and voting
(c) by a resolution of the House moved after 14 days clear notice and passed by majority of all the then members of the House
(d) by a resolution moved after 14 days’ notice and passed by majority of the members present.
Q.25. Which one is the correct statement:
(a) The Chairman of Rajya Sabha is Vice-President
(b) The position and powers and in all other matters, the position of Chairman of the Rajya Sabha is the same as that of the Speaker
(c) both above statements are true
(d) both above statements are false.
Q.26. The Speaker is the presiding officer of Lok Sabha:
(a) he is a master of the House and not its servant
(b) he can exercise all and every powers of the House
(c) he is not above party politics
(d) he occupies a position of an umpire and must see that all sections of the House are given proper opportunity to participate in the proceedings of the House.
Q.27. An ordinary Bill can originate in either House. It becomes law:
(a) when it is passed by both the Houses and gets the assent of the President
(b) as soon as it is passed by both the Houses
(c) as soon as it is passed by the House in which it originated
(d) none of the above.
Q.28. Give correct response to:
(a) A money bill can be rejected by the Rajya Sabha
(b) The President can withhold his assent to a money bill
(c) A money bill can be passed in a joint sitting of both Houses
(d) A money bill cannot be rejected by the Rajya Sabha nor can the President withhold his assent.
Ans. (d)
Q.29. State which of the following statements is incorrect:
(a) A money bill deals with imposition, remission, alteration or regulation of tax
(b) A money bill deals with regulation of borrowing money or giving of any guarantee by the Government
(c) A money bill deals with the money of the consolidated fund.
(d) A money bill is one which provides for the imposition of fines or fees. The Lok Sabha’s decision is final.
Q.30. Whenever there are differences between the two Houses, a joint sitting can be called by the President on which of the following matters:
(a) Money bill
(b) A Bill seeking Constitutional amendment
(c) A Bill seeking to impose tax
(d) A Bill which deals with social legislation.
Q.31. The Vidhan Sabha has a term of:
(a) five years
(b) four years
(c) five years unless dissolved earlier
(d) three years unless dissolved earlier.
Q.32. The Legislature of the State consists of:
(a) Governor, Vidhan Sabha and Vidhan Parishad
(b) Vidhan Sabha and Vidhan Parishad
(c) Governor and Vidhan Sabha
(d) none of the above.
Q.33. The Vidhan Parishad:
(a) has term of six years
(b) is a permanent body not subjected to dissolution, l/3rd of its members retire every second year
(c) is a body representing certain interests in the share whose members have a term of six years
(d) is a permanent body.
Q.34. Elections to the Vidhan Parishad are held by:
(a) Direct elections
(b) Indirect elections
(c) the system of proportional representation
(d) the system of proportional representation by means of single transferable vote.
Q.35. 1/12th of the members of the Vidhan Parishad are to be elected:
(a) from a graduate constituency
(b) amongst the graduate university of the State
(c) from the graduates of any university in any State of India, who have been residing in the State and who have been graduate of at least three years standing
(d) none of the above.
Q.36. The number of seats in Vidhan Sabha is:
(a) to be not more than five hundred and not less than 60
(b) to be not more than 500 and not less than 60 but an exception is recognised in the case of one State which has only 32 seats
(c) to be not more than 400 and not less than 500
(d) varies from Vidhan Sabha to Vidhan Sabha.
Q.37. Which of the following statements is incorrect:
(a) No person can be returned to Vidhan Sabha unless he is of 25 years of age
(b) No person can be returned to Vidhan Parishad unless he is of 35 years of age
(c) No person can be returned to Vidhan Sabha unless his name is registered in the constituency from which he seeks election
(d) None of the above.
Ans. (c)
Q.38. Who among the following has the power to make order in respect of persons under preventive detention in certain cases?
A. President
B. Prime Minister
C. Chief Justice
D. Governor
Ans. A
Q.39. Which of the statements is/are correct?
I. The Judges of the High Court shall be eligible for appointment as Chief Justice of a High Court or as chief Justice or other Judge of any other High Court.
II. In Article 376 of the Indian Constitution the expression “Judge” does not include an acting Judge or an additional Judge.
A. Only I
B. Only II
C. Neither I nor II
D. Both I and II
Ans. D
Q.40. Who among the following has the power to remove difficulties to the provisions of the Constitution?
A. Prime Minister
B. Council of Minister
C. President
D. Chief justice of India
Ans. C
Q.41. The President shall cause to be published under his authority:
I. The translation of this Constitution in the Hindi language signed by the members of the Constituent Assembly
II. The translation in Hindi language of every amendment of this Constitution made in the English language
Which of the above statements is/are correct?
A. Only I
B. Only II
C. Both I and II
D. Neither I nor II
Ans. C
Q.42. The Governors must remain conscious of their constitutional obligations and not sacrifice either political responsibility or parliamentary conventions on the altar of “political expediency.” In which of the following cases the constitutional obligations of the Governor was mentioned?
A. S. R. Chaudhari v. State of Punjab
B. B.R. Kapur v. State of T.N
C. Krishna Ballabh Sahay v. Commission of inquiry
D. None of them
Ans. A
Q.43. In case of any conflict between an executive instruction and a Rule made under Article 309 of the Indian Constitution, the latter shall prevail. The provision is mentioned during the case of:
A. Bengal Iron Corporation v. CTO
B. Jit Ram Shiv Kumar v. State of Haryana
C. Union of India v. Soma Sundaram Viswanath
D. None of them
Ans. C
Q.44. In which of the following cases it was held that the provision of an ordinance may amend or repeal not only another ordinance but also any law passed by the Legislature itself, subject to the limitation as to its own duration:
A. Utkal Contractors and Joinery Pvt. Ltd. v. State of Orissa
B. State of Orrisa v. Bhupender Kumar Bose
C. Sri Chand Kasera v. State of Bihar
D. Achiah Chetly v. State of Mysore
Ans. A
Q.45. In which of the following cases are the given provisions mentioned?
I. The High court of a union shall be a Court of record under Article 215 of the Indian Constitution
II. A Judge of a High Court shall be eligible for appointment as a Supreme Court Judge under Artice.124 (3) (a) of the Indian Constitution
A. Mithan Lal v. State of Delhi
B. Devya Vallabhabhai Tandel v. Administrator
C. T.Deen Dayal v. Union of India
D. N.B. Singh v. W.L. Singh
Ans. C
Q.46. When a person belongs to a service or cadre which is transferable, then, in the absence of any statutory restrictions, a person appointed to the cadre or service is transferable from one post to another, in the interests of public service. It is an important provision, mentioned in the case of:
A. State of W.B v. Harindra Nath Banerjee
B. Shilpi Bose v. State of Bihar
C. Inder Pal Yadav v. Union of India
D. State of U.P. v. Ram Naresh Lal
Ans. A
Q.47. Which of the following Articles of the Indian Constitution describes India as a Union of states?
A. Article 4
B. Article 1
C. Article 3
D. Article 2
Ans. B
Q.48. According to which of the following Amendment Acts Article 1 of the Indian Constitution was amended?
A. 5th Amendment Act
B. 6th Amendment Act
C. 7th Amendment Act
D. 3rd Amendment Act
Ans. C
Q.49. Which of the following may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit?
A. President
B. Rajya Sabha
C. Parliament
D. Reorganisation Act
Ans. C
Q.50. Foreign territories which, on acquisition, would become part of the territory of India under Article 1 (3) C of the Indian Constitution can by law be admitted into the Union under Article ______.
A. 1 (3)
B. 2
C. 3
D. 2 (1)
Ans. B
Q.51. Which of the following Articles of the Indian Constitution provides the provision of formation of new states and alteration of areas, boundaries or names of existing states?
A. Article 1
B. Article 1(3)
C. Article 2A
D. Article 3
Ans. D
Q.52. Which of the following sub clauses of Article 3 of the Indian Constitution is restricted to inter-state adjustments and does not apply to cession of territory in favour of a foreign state?
A. Clause B
B. Clause C
C. Clause A
D. Clause A, C
Ans. B
Q.53. Which of the following Articles of the Indian Constitution deals with “laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters”?
A. Article 4
B. Article 5
C. Article 4 (1)
D. Article 3 (1)
Ans. A
Q.54. The expression ‘representation in Parliament’ is used in which of the following Articles of the Indian Constitution?
A. Article 4
B. Article 4 (1)
C. Article 4 (2)
D. Article 4 (1) (2)
Ans. A
Q.55. Which of the following is mentioned in the Preamble of the Indian Constitution?
A. 26th January 1949
B. 26th November 1949
C. 26th January 1950
D. 22nd August 1947
Ans. B
Q.56. Which of the following words enables the Court to uphold the constitutionality of laws of nationalisation of private property?
A. Sovereign
B. Secular
C. Republic
D. Socialist
Ans. D
Q.57. Which of the following cases upheld ‘Secularism’ as a basic feature of the Indian Constitution even before the word ‘Secular’ was inserted in the Preamble?
A. Indira Gandhi v. Rajnarain
B. Kesavnanda Bharti v. State of Kerala
C. Waman Rao v. Union of India
D. Samatha v. State of A.P
Ans. B
Q.58. Which of the following is/are the correct explanation of Parliamentary Democracy?
A. Representation of the people
B. Responsible Government
C. Accountability of the council of ministers to the legislature
D. All are correct
Ans. D
Q.59. Which of the following Part of the Indian Constitution is associated with Citizenship?
A. Part I
B. Part II
C. Part III
D. Part IV
Ans. B
Q.60. Access to justice is a____________?
A. Human Right
B. Civil Right
C. Legal Right
D. Constitutional Rights
Ans. A
Q.61. According to the definition given in Part III, “the state” includes the Government and Parliament of India and the Government and the Legislature of each of the states and all local or other authorities within the territory of India or under the control of the Government of India. In which of the following Articles of the Indian Constitution is this definition given?
A. Article 11
B. Article 12
C. Article 13
D. Article 13(1)
Ans. B
Q.62. Which of the following means ‘Laws in Force’?
A. Laws made by President
B. Laws passed or made by a legislature or other competent authority
C. Laws made by President
D. Laws passed or made by a legislature or other competent authority
Ans. B
Q.63. A law may be unconstitutional on which of the following grounds?
A. Contravention of any fundamental right, specified in Part III of the constitution
B. Contravention of any of the mandatory provisions of the constitution which impose limitations upon the powers of a legislature
C. Legislating on a subject which is not assigned to the relevant legislature by the distribution of powers made by the 7th schedule
D. All of them
Ans. D
Q.64. Who, among the following, decides the question whether a fundamental right can be waived?
A. Constitution Bench of the Supreme Court
B. President
C. Bench of Judges of the High Court
D. Both (A) and (C)
Ans. A
Q.65. Right to equality is mentioned in which of the following Articles of Indian constitution?
A. Article 14
B. Article 14(1)
C. Article 13 (3)(1)
D. Article 15
Ans. A
Q.66. Which of the following is/are considered to be the limitations of the doctrine of equal protection?
I. The principle of equality does not take away from the state the power of classifying persons for legitimate purposes.
II. Every classification is in some degree likely to produce some inequality and mere production of inequality is not enough.
III. If a law deals equally with members of a well-defined class, it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it is not applicable to other persons.
A. Only I
B. II and III
C. I, II and III
D. I and III
Ans. C
Q.67. In a legislation for the provision of employee’s provident fund, it is not an unreasonable classification to exempt:
A. Co-operative establishment
B. Establishments having been in existence for a period of less than 3 years
C. Establishments where the employees are already enjoying benefits not less favourable than those provided by the Act
D. All of them
Ans. D
Q.68. Which of the following Articles of the Indian Constitution stand(s) for equality and rule of law clearly forms part of the basic structure of the Constitution and cannot be abrogated?
A. Article 14
B. Article 19
C. Article 21
D. All of them
Ans. D
Q.69. Which of the following Amendment Acts provides that even during emergencies, the enforcement of the rights under Articles 20 and 21 of the Indian Constitution cannot be suspended?
A. 42nd Amendment Act, 1976
B. 44th Amendment Act, 1978
C. 61st Amendment Act, 1988
D. 34th Amendment Act, 1966
Ans. B
Q.70. Which of the following statements is/are found to be correct?
I. Article 15 of the Indian Constitution is an instance of the right to equality which is generally stated in Article 14.
II. While Article 14 is available to all persons. Article 15 is available to citizens only.
A. Both are correct
B. Both are incorrect
C. Only I
D. Only II
Ans. A
Q.71. In the absence of a definition of the expression in the Constitution, the determination of which classes are ‘backward’ is left to the_______ as defined in Article 12 of the Indian Constitution.
A. President
B. State
C. Prime Minister
D. Parliament
Ans. B
Q.72. Scheduled Castes and Tribes constitute a protected class, apart from any condition of backwardness, as specified in Article 15(4). The Government is entitled to do everything for the upliftment of members of these castes and tribes which include(s):
A. Reservations for their admission to educational institutions
B. Lowering the minimum qualifying marks for jobs
C. Two avenues for promotion in place of one for the rest of the people
D. All of them
Ans. D
Q.73. Under Article 15(2) of the Indian Constitution no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to ________.
I. Access to shops, public restaurants, hotels and place of public entertainment.
II. The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of general public.
A. Both are incorrect
B. Both are correct
C. Only I
D. Only II
Ans. B
Q.74. In which of the following questions will the Judiciary not enter or involve?
A. Political Questions
B. Policy involving Questions
C. Ether (A) or (B)
D. Both (A) and (B)
Ans. D
Q.75. Article 15(1) of the Indian Constitution does not prohibit discrimination on the ground of_________ , hence it is constitutionally permissible for a state to prescribe that residents of the state would be entitled to a concession in the matter of fees in a State Medical College or to prescribe that admission to a university shall be restricted to persons resident in a particular area in the state.
A. Religion
B. Residence
C. Caste
D. Sex
Ans. B
Q.76. In which of the following Articles of the Indian Constitution, the Scheduled Castes and Tribes are mentioned together with the ‘Backward Classes’?
A. Article 15
B. Article 15(1)
C. Article 15(4)
D. Article 15(2)
Ans. C
Q.77. Which of the following statements regarding Article 16 of the Indian Constitution is/are found to be incorrect?
I. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
II. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state.
A. Both are incorrect
B. Both are correct
C. Only I
D. Only II
Ans. B
Q.78. The State, in terms of Article 16 of the Indian Constitution, may make which type(s) of following reservations?
A. Vertical
B. Horizontal
C. Both (A) and (B)
D. None of them
Ans. C
Q.79. Which of the following Articles of the Indian Constitution are for Horizontal Reservation?
A. Clause (1) of Article 16
B. Clause (2) of Article 16
C. Clause (4) of Article 16
D. None of them
Ans. A
Q.80. Which of the following attributes of services is/are included in the term “Appointment”?
A. Tenure
B. Duration
C. Emoluments
D. All of them
Ans. D
Q.81. Which of the following statements is/are found to be correct?
I. The right guaranteed by Article 16(1) of the Indian Constitution cannot be treated as a right to private property under Article 300 A.
II. Where the methods or sources of recruitment are different, this Article would debar the Government from prescribing different pay scales for eh two classes of employees, though holding the same post.
A. Only I
B. Only II
C. Neither I nor II
D. Both I and II
Ans. A
Q.82. Seniority is not a fundamental right but is merely a _______ right.
A. Economic
B. Civil
C. Legal
D. Both (B) and (C)
Ans. B
Q.83. Which of the following cases upheld that the description of the appointment to a selection post as ‘promotion’ in the Government letter does not preclude the Government from making the appointment on the basis of merit, regardless of seniority?
A. Venkata v. State of A.P
B. Union of India v. N.Y. Apte
C. Dr. Jai Narayan Mishra v. State of Bihar
D. Union of India v. B.S. Agarwal
Ans. C
Q.84. The object of reservation is to provide_______ equality to the disadvantaged.
A. Social
B. Economic
C. Legal
D. Both (A) and (B)
Ans. D
Q.85. The rule which states that a reserved category candidate promoted on the basis of reservation earlier than his senior general category candidates in the feeder grade, shall necessarily be junior in the promoted category to such general category candidates, is known as:
A. Catch up
B. Rider
C. High up
D. Seniority up
Ans. A
Q.86. Which of the following clauses of Article 16 of the Indian Constitution says that Unfilled reserved Vacancies may be considered as a separate class?
A. Clause 4
B. Clause 4A
C. Clause 4B
D. Clause 4(1) A
Ans. C
Q.87. “Untouchability is abolished and its practice in any form is forbidden” is the essence of which of the following Articles of the Indian Constitution?
A. Article 14
B. Article 15
C. Article 16
D. Article 17
Ans. D
Q.88. Article 18 of the Indian Constitution gives the provision of ‘Abolition’ of Titles’. Which of the following are the provisions under Abolition of Titles?
A. No title, not being a military or academic distinction, shall be conferred by the state
B. No citizen of India shall accept any title from any foreign state
C. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign state
D. All of them
Ans. D
Q.89. Which of the following Articles of the Indian Constitution provides ‘Protection of certain rights regarding freedom of speech, etc.’ to Indian citizens?
A. Article 18(2)
B. Article 18(1)
C. Article 19
D. Article 20
Ans. C
Q.90. Fundamental Rights under Article 19 of the Indian Constitution are conferred on:
A. Indian citizens
B. All persons living within Indian Territory
C. Foreigners also
D. All of them
Ans. A
Q.91. Which of the following statements regarding nature of the rights that are guaranteed by Article 19 of the Indian Constitution is/are found to be correct?
I. Article 19 of the Indian Constitution is confined to what are known as civil rights as distinguished from political rights such as the right to vote or to hold any political office, or the privileges of a chamber of the legislation.
II. Article 19 of the Indian Constitution refers to what are known as natural or common law rights as distinguished from rights which are created by a statute and must be exercised subject to conditions imposed by it.
III. Article 19 of the Indian Constitution does not include the right to life.
A. I and II
B. II and III
C. I and III
D. I, II and III
Ans. D
Q.92. In determining the substantive reasonableness, the Court has to take into consideration various factors. Which of the following points have to be satisfied in order to adjudge the restriction to be ‘reasonable’?
A. The restriction must have a rational connection with the object sought to be achieved by the law
B. The restriction imposed must not be in excess of the mischief sought to be prevented or the object sought to be achieved by the law
C. Both (A) and (B)
D. Neither (A) nor (B)
Ans. C
Q.93. Which of the following principles and guidelines should be kept in mind for considering the constitutionality of a statutory provision upon a challenge on the alleged vice of unreasonableness of the restriction imposed by it?
A. The restriction sought to be imposed on the Fundamental Rights guaranteed by Article 19 of the Indian Constitution must not be arbitrary or of an excessive nature so as to go beyond the requirement of felt need of the society and object sought to be achieved
B. There must be a direct and proximate nexus or a reasonable connection between the restriction imposed and the object sought to be achieved
C. No abstract or fixed principle can be laid down which may have universal application in all cases
D. All of them
Ans. D
Q.94. Which of the following statements regarding Freedom of the Press is/are found to be correct?
I. This freedom cannot be claimed by a newspaper or other publication run by a non-citizen.
II. The freedom of Press, under our Constitution, is not higher than the freedom of an ordinary citizen is subject to the same limitations as are imposed by Article 19(2) of the Indian Constitution and to those limitations only.
A. Both are correct
B. Both are incorrect
C. Only I
D. Only II
Ans. A
Q.95. Which of the following Amendment Acts empowers the Court to adjudge the reasonableness of a restriction imposed even on the right guaranteed by Article 19(1) A of the Indian Constitution?
A. First Amendment Act
B. Second Amendment Act
C. Third Amendment Act
D. Fourth Amendment Act
Ans. A
Q.96. Clause (1) B. of Article 19 of the Indian Constitution guarantees the freedom of citizens to meet with each other in any number provided the assembly is-
A. Peaceable
B. Unarmed
C. Large
D. Both (A) and (B)
Ans. D
Q.97. Which of the following statements regarding Freedom of Association is/are found to be correct?
I. The right guaranteed by 19 (1) C is an ordinary right which is enjoyed by all citizens to form associations.
II. It has no reference to a right which is conferred by a particular statute to act as a member of a body which is the creation of the statute itself.
A. I and II
B. Only I
C. Only II
D. Neither I nor II
Ans. A
Q.98. Which of the following restrictions on Freedom of Association is/are considered to be unreasonable?
A. Government cannot make it obligatory for every employee to become a member of an association sponsored by the Government
B. A restriction on this freedom which may remain in force for an indefinite period at the pleasure of the executive authorities is an unreasonable restriction
C. Where those who have a right to form an association will be kept away and the society shall be run by a group of persons nominated by the Government, there is a virtual deprivation of the right to association
D. All of them
Ans. D
Q.99. By which of the following clauses, the right to Freedom of movement is granted to Indian citizens?
A. Article 19(1) C
B. Article 19(1) B
C. Article 19(1) A
D. Article 19(1) D
Ans. D
Q.100. Surveillance is needed for the legitimate purpose of prevention of crime and its process must necessarily be confidential. In which of the following situations the court may interfere in the police surveillance?
I. Where it is sought to be used for a purpose other than the detection of crime.
II. Where the surveillance is so excessive as to squeeze out the fundamental freedoms of all citizens or to offend the dignity of the individual.
A. Only I
B. Only II
C. I and II
D. Neither I nor II
Ans. C
Q.101. Which of the following statements regarding Freedom of Residence is/are found to be correct?
I. Since the rights under Article 19 of the Indian Constitution are available only to a citizen, a person cannot complain of the infringement of his right under the sub clause (1) (e) if his citizenship has been terminated by a law made by Parliament, under Article 11.
II. It is not available to a foreigner.
A. Neither I nor II
B. I and II
C. Only I
D. Only II
Ans. B
Q.102. Which of the following expression is/are employed under Article 19(1) (g) of the Indian Constitution?
A. Profession
B. Occupation
C. Trade and Business
D. All of them
Ans. D
Q.103. Which of the following clauses is/are covered under Article 20 of the Indian Constitution?
I. No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence.
II. No person shall be prosecuted and punished for the same offence more than once.
III. No person accused of any offence shall be compelled to be a witness against himself.
A. Only I
B. II and III
C. I and III
D. I, II and III
Ans. D
Q.104. Article 20(3) of the Indian Constitution is about “accused’s immunity from being compelled to be a witness against himself”. This clause gives protection:
A. To a person accused of an offence
B. Against compulsion to be a witness
C. Against himself
D. All of them
Ans. D
Q.105. Which of the following is/are an essential ingredient of the clause (3) of Article 20 of the Indian Constitution?
A. Compulsion
B. Confession
C. Prohibition
D. Both (A) and (B)
Ans. A
Q.106. Which of the following statements regarding protection of personal liberty is/are found to be correct?
I. The object of Article 21 of the Indian Constitution is to prevent encroachment upon personal liberty by the Executive save in accordance with law and in conformity with the provisions thereof.
II. Before a person is deprived of his life or personal liberty the procedure established by law must be strictly followed and must not be departed from to the disadvantage of the person affected.
A. I and II
B. Only I
C. Only II
D. None of above
Ans. A
Q.107. The protection of the Article 21 extends to which of the following?
A. Citizens
B. All persons
C. Foreigners
D. Persons under imprisonment
Ans. B