15th Most Important Questions (Judiciary exam) - Indian Constitution

Q) Which Article in the Constitution of India relate to the power of the President to grant pardons etc., and to suspend, remit or commute sentences in certain cases?
A.Article 71
B.Article 72
C.Article 58
D.Article 74
Answer: (b)
Explanation: Under Article 72 President has Five types of Pardoning powers-

Pardon
Reprieve
Remit
Respite
Commute

President can use his pardoning powers-

In case of punishment against a person who has committed an offence against a Union Law
When case of punishment given by the court-martial or military court
When he is considering a death sentence
The object of conferring the “judicial” power on the President is to correct possible judicial errors, for no human system of judicial administration can be free from imperfections.
Review> Curative > Mercy Petition

Q) Who decides a dispute regarding the election of the President of India?
A.Election Commission
B.Chief Justice of India
C.Parliament
D.Supreme Court
Answer: (d)
Explanation: According to Article 71(1) of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.
Q) By which amendment of the Constitution of India provisions regarding fundamental duties were inserted-

From 26th January 1950 since the enforcement of Constitution
Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section-11 (w.e.f. 03-01-1977)
46th Amendment of the Constitution-2002, in Section 4.
Inserted by the Constitution (forty-second Amendment) Act, 1976 Section 12 (w.e.f 03-01-1977)

Answer: (2)

Explanation: Part IV-A of the constitution which consists of only one Article 51-A was added to the Constitution by the 42nd Amendment Act, 1976. This Article for the first time specifies a code of ten fundamental duties for citizens.

Q) On proclamation of emergency under Article 352 the President has power to suspend the Fundamental Rights except the right secured by-

Article 19 and 20
Article 20 and 21
Article 21 and 22
Article 19, 20 and 21

Answer: (2)
Suspension of the enforcement of the rights conferred by Part III during emergencies.—

(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

Protection in respect of conviction for offences.—

(1)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, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law.

Q) When the two houses of Parliament differ regarding a bill, deadlock is resolved by-
A. A joint sitting of two houses
B.The president of India
C.The Prime Minister of India
D.Special Committee
Answer: (a)

Explanation: When two houses do not agree on a Bill and a deadlock may ensue between them. Such a deadlock is resolved through a joint session of the two Houses. Thus, when a Bill passed by one House and transmitted to the other House:

1.Is rejected there; or
2.The two Houses disagree as to the amendments to be made to the Bill; or
3.If the other House does not pass it for more than six months,

The President may summon a joint session of both the Houses (Article 108(1)).

Q) Among below which case is not related to Constitutional amendment?
A. Shankari Prasad Singh Deo v. Union of India
B. Maneka Gandhi v. Union of India
C. Sajjan Singh v. State of Rajasthan
D. Golakhnath v. State of Punjab
Answer: (b)

Explanation: In Maneka Gandhi v. Union of India (1978 SC 597) court has held that the ‘procedure’ depriving a person of his ‘life or personal liberty must be just, fair and reasonable.’ It must satisfy the requirement of natural justice which is an essential component of fair procedure under Article 21.

Q) ……………….of the total number of members of Goods and Service Tax Council shall constitute the ‘Quorum’ at it’s meetings.
A. One third
B. One fourth
C. Half
D. Two third
Answer: (c)

Explanation: According to Article 279A clause (7) One half of the total number of Members of the Goods and Services Tax Council shall constitute the quorum at its meetings.

Q) Disqualification on ground of defection would not apply in all case of merger if not less than……..of the members of the Legislature party concerned have agreed to such merger.
A.One fourth
B.One third
C.Half
D.Two third
Answer: (d)

Explanation: According to Tenth schedule paragraph (4) sub paragraph (2) disqualification on ground of defection would not apply in all case of merger if not less than two third of the members of the Legislative party concerned have agreed to such merger.

Q) The statement “what cannot be done directly cannot be done indirectly”, relates to the doctrine of:
A.Doctrine of Pith and Substance
B.Doctrine of Implied Power
C.Doctrine of Severability
D.Doctrine of Colourable Legislation
Answer: (d)

Explanation: In K.C.G. Narayan Dev v. State of Orissa (1953 SC), the Supreme Court explained the meaning and scope of the doctrine of Colourable Legislation. Thus the whole doctrine of colourable legislation is based upon the maxim that “you cannot do indirectly what you cannot do directly”.
In these cases the Court will look in the true nature and character of the legislation and for that its object, purpose or design to make law on a subject is relevant and not its motive. If the Legislature has power to make law, motive in making the law is “irrelevant”.

Q) 1 How many schedules are there in Constitution of India?
A.10 schedules
B.12 schedules
C.14 schedules
D.16 schedules
Answer: (b)

Explanation: Indian Constitution originally had eight schedules. Four more schedules were added by different amendments, now making a total tally of twelve.
9th Schedule added through – 1st Amendment Act 1951
10th Schedule added through – 52nd Amendment Act of 1985
11th Schedule added through- 73rd Amendment Act of 1992
12th Schedule added through- 74th Amendment Act of 1992

Q) Writ jurisdiction of Supreme Court is wider than the High Court-
a)Correct
b)Incorrect
c)Only in some conditions
d)Both have same jurisdiction
Answer: (b)

Explanation: Article 226 of the Constitution of India, provides that notwithstanding anything in Article 32, every High Court shall have power, throughout the territorial limits in relation to which it exercises jurisdiction to issue to any person or authority including the appropriate cases, any Government, within those territories, directions, orders of writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari or any of them- (a) for the enforcement of fundamental rights conferred by Part III, and (b) for ‘any other purpose’. Thus the jurisdiction of a High Court is not limited to the protection of the fundamental rights but also other legal rights as is clear from the words “any other purpose”. Those words make the jurisdiction of the High Court more extensive than that Supreme Court which is confined to only for the enforcement of fundamental rights.

Q) The term ‘Justice’ in Article 38 of the Indian Constitution is used to indicate:
a)Social and Political Justice
b)Economic and Social justice
c)Political and Economic Justice
d)Social, Economic and Political Justice
Answer: (d)

Explanation: Article 38(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
2 The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Q) According to the Constitution of India, any law made by the state which takes away or abridges the rights conferred by Part III shall be:
a)Voidable to the extent of the contravention
b)Void to the extent of the contravention
c)All of the above
d)None of the above
Answer: (b)

Explanation:
Article 13 – Laws inconsistent with or in derogation of the fundamental rights.—(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
Doctrine of Eclipse
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Doctrine of Severability

Q) Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
a)Article 19
b)Article 21
c)Article 25
d)Article 29
Answer: (b)

Explanation: The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution.

Q) Which of the following statements is true in respect of right to property:
A)Right to property is a fundamental right
B)It is a constitutional right
C)No such right is in existence
D)None of the above
Answer: (b)

Explanation: The Constitution 44th (Amendment) Act, 1978 added ‘Right to Property’ as a new Chapter 4 in Part 12 of the Constitution which has a single Article 300A. The amendment took away the right to property as a fundamental right and made it only a constitutional right to be regulated by ordinary law.