15 Most Important MCQs Bihar Judiciary | Constitution | Previous Year Questions – Indian Judiciary – Free PDF Download

 
Q) In which of the following cases, free and fair Election is recognized as basic structure of the Indian Constitution?

1. Indira Gandhi v. Raj Narain
2. Golaknath v. State of Punjab
3. Prabhakaran v. P. Jayarajan
4. Minerva Mills vs. Union of India

Ans. 1

• Indira Gandhi v. Raj Narain – On 12 June 1975, Justice Jagmohanlal Sinha found Gandhi guilty of electoral malpractices. Sinha declared the election verdict in the Rae Bareilly constituency “null and void”, and barred Gandhi from holding elected office for six years.
• Golaknath v. State of Punjab- was a 1967 Indian Supreme Court case, in which the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.
• Prabhakaran v. P. Jayarajan 2005- Section 8(4) of RPA 1951 –If An MP or MLA files an appeal with in three months of conviction, He would be allowed to continue in his seat and is Not Disqualified instantly. – Was upheld in this case by a 5 Judges bench of SC, but overruled in Lily Thomas Case later on in 2013
• Minerva Mills vs. Union of India- Upheld the Baisc Structure Doctrine and also held that the power of the parliament to amend the constitution is limited by the constitution.

Q) Which one of the following cases is not related to the doctrine of severability?

1. Kihoto Hollohan v. Zachillhu
2. RMDC v. Union of India
3. Minerva Mills v. Union of India
4. A. K. Gopalan v. State of Madras

Ans 3

• The doctrine of severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.
• In Kihoto Hollohan Vs Zachillhu – famously known as the defection case, In this case the paragraph 7 of the Tenth Schedulewas declared as unconstitutional because it had violated the provisions under Article 368(2).
• In AK Gopalan v. State of Madras, the Court found Section 14 of the Preventive Detention Act to be violative of Article 14 of the Constitution. The Court added that striking down Section 14 will not change the object of the Act and thus only the impugned provision will be struck down and not the act as a whole.
• RMDC v. Union of India  it was to be decided by the court wrt doctrine of severability that a statute which is void in part will be treated as void in overall or whether the valid part is capable of enforcement

Q) The Parliament has power to legislate with respect to a matter in the State List, provided it is in the

1. public interest
2. national interest
3. central interest
4. regional interest

Ans . 2

• Article 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.—
• if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to goods and services tax provided under article 246A or any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force

Q) Who among the following expressed the view that the Indian Constitution is federal as much as it establishes what may be called a dual polity?

1. Dr. B. R. Ambedkar
2. Sir William Ivor Jennings
3. Sir B. N. Rau
4. Prof. K. C. Wheare

Ans 1

• In the deliberation of 04.11.1948, Vol. VII Page 33, following was said by Dr. B.R. Ambedkar;­ “Two principal forms of the Constitution are known to history one is called Unitary and the other Feder The two essential characteristics of a Unitary Constitution are:
• (1)  the supremacy of the Central Polity and
• (2)  the absence of subsidiary Sovereign polities.
• Contrariwise, a Federal Constitution is marked:
• (1) by the existence of a Central polity and subsidiary polities side by side,and
• (2) by each being sovereign in the field assigned to it. In other words. Federation means the establishment of a Dual Polity. The Draft Constitutionis, Federal Constitution inasmuch as it establishes what may be called a Dual   Polity.   This Dual   Polity   under   the   proposed   Constitution   will consist of the Union at the Centre and the States at the  periphery  each  endowed   with  sovereign  powers   to be   exercised   in   the   field   assigned   to   them respectively by the Constitution………..”

Q) The law declared by the Supreme Court becomes law of the land under

1. Article 131
2. Article 136
3. Article 141
4. Article 151

Ans. 3

• Law declared by Supreme Court to be binding on all courts.— The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Q) The power of the President of India to issue an ordinance is a/an

1. Legislative power
2. Executive power
3.  quasi-judicial power
4. Judicial power

Ans. 1

• Various Powers of President of India-
• Administrative Powers
• Appoints:- The Prime Minister and other Ministers.
• The Attorney-General of India determines his remuneration.
• The Governors of the States.
• Legislative Powers
• Veto Powers
• Emergency Powers
• Financial Powers
• Military Powers

Q) In first instance, the President can issue a proclamation of financial emergency for a period of

1. Fifteen days
2.  two months
3.  one month
4. six months

Ans. 2

• Provisions as to financial emergency.—
• 1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
• (2) A Proclamation issued under clause (1)—
• (a) may be revoked or varied by a subsequent Proclamation;
• (b) shall be laid before each House of Parliament
• (c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament

Q) In which of the following landmark judgements, right to privacy has been declared as a fundamental right?

1. Shreya Ghoshal v. State of UP
2. Justice K. S. Puttaswamy (Retd.) v. Union of India
3. Narendra v. K. Meena
4.  Kharak Singh v. State of UP

Ans. 2

• Narendra v. K. Meena – unsubstantiated allegations levelled by the Respondent wife and the threats and attempt to commit suicide by her would amount to mental cruelty and the marriage deserves to be dissolved by a decree of divorce under Section 13(1)(ia) of the Act.
• Kharak Singh v. State of UP- UP Police Regulation used for surveillance over Kharak Singh- Domiciliary Visits and Tracking was Started
• SC Held Domiciliary visits as Unconstitutional and violative of Article 21 but at the same time SC held that Right to Privacy is Not Guaranteed in the Constitution
• Justice K. S. Puttaswamy (Retd.) v. Union of India- Aadhar Card was Challenged- SC held that Right to Privacy was a fundamental right under Article 14, 19 and 21– 9 Judges Bench gave a unanimous decision
• It was further upheld in Vineet Kumar Case of 2021

Q) In which of the following judgements of the Supreme Court, Triple Talaq was declared unconstitutional?

1. Shayara Bano v. Union of India
2.  Gulshan Parveen v. Union of India
3.  Both (A) and (B)
4.  None of the above

Ans. 3

• A Constitution Bench has declared that the practice of instantaneous Triple Talaq is unconstitutional.
• Triple Talaq – which is referred to as Talaq-e-biddat, was very harassing for the women in the Muslim religion.
• Now it is disapproved by the Muslim Women (Protection of Rights of Marriage) Act, 2019 which was brought by the Parliament after this judgement.

Q) Which of the following does not find place in the Preamble of the Constitution of India?

1. Liberty of thought and expression
2. Economic justice for all
3.  Education for everyone
4. Dignity of the individual

Ans. 3

Q) Prof. K. C. Wheare said that the Constitution Of India is

1. Weak federation
2. Non-federal
3.  strong federation
4. Quasi-federal

Ans. 4

• Key features of federalism under the Indian Constitution:
• Division of powers between Centre And States.
• Supremacy of the constitution
• Written constitution
• Rigid constitution
• Independent Judiciary
• Bi-Cameral Legislature
• But Along with that Indian Constitution also has various Unitary or Non Federal Features like Strong center, Single Constitution, Single Citizenship etc. hence
• KC Wheare called it Quasi Federal, Morris Johns Described it as – Bargaining Federalism,
• Granville Austin Described it as – Cooperativ Fedralism
• Ivory Jennings – Federation with Centralising Tendencies

Q) A member of the State Public Service Commission can be removed on the ground of misbehaviour only after an inquiry has been held by 

1. the Supreme Court of India, on reference being made to it by the President
2. the Governor through High Court
3. the Chairman of Board
4. a Joint Parliamentary Committee

Ans.1

• Removal and suspension of a member of a Public Service Commission.—
• (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
• (2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
• (3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,— (a) is adjudged an insolvent; or
• (b) engages during his term of office in any paid employment outside the duties of his office; or
• (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body

Q) Which one of the following is not correct?

1. Natural justice implicit in Article 21
2. Right to privacy is a fundamental right
3.  Right to go abroad is not a fundamental Right
4. Right to life includes right to health

Ans. 3

• The right to freely roam throughout India’s territory is guaranteed by Article 19 of the Indian constitution; however, the right to travel overseas is derived from Article 21’s right to life and personal liberty. Was held in Maneka Gandhi vs. Union of India

Q) “Courts are flooded with large number of PILS, so it is desirable for Courts to filter out frivolous petitions and dismiss them with costs.” In which of the following judgements, it was held?

1. M. C. Mehta v. Union of India
2.  Dharampal v. State of UP
3.  Holicow Pictures Pvt. Ltd. v. Premchandra Mishra
4. PUCL v. Union of India

Ans. 3

• Holicow Pictures Pvt. Ltd. v. Premchandra Mishra –
• When there is material to show that a petition styled as a publicinterest litigation is nothing but a camouflage to foster personal disputes, the said petition is to be thrown out. Before we grapple with the issue involved in the present case, we feel it necessary to consider the issue regarding public interest Public Interest Litigation which has now come to occupy an important field in the administration of law should not be “publicity interest litigation” or “private interest litigation” or “politics interest litigation” or the latest trend “paise income litigation“. If not properly regulated and abuse averted, it becomes also a tool in unscrupulous hands to release vendetta and wreck vengeance, as well.

Q) Right to freedom of religion cannot be restricted on the ground of

1. Morality
2. Health
3. security of the State
4. Public order

Ans. 3

• Article 25. Freedom of conscience and free profession, practice and propagation of religion.—
• (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
• (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
• (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

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