Constitution Of India – Judiciary Question Practice series Part 2

Q1. In Tinsukia Electricity Company v. State of Assam, the Supreme Court pointed out that the term “socialist” used in the Preamble to the Constitution of India, means a State whose basic policy is to :-

(a) prohibit concentration of wealth
(b) distribute equitably the natural resources
(c) prohibit concentration of wealth and uplift the living standards of people
(d) prohibit concentration of wealth and distribution equitably the natural resources.

Explanation:- C

Socialism lays emphasis on the welfare of the people, it seeks to ensure economic and political equality to the people and tries to remove exploitation of one class by the others

Q2. The word “secular” used in the Preamble of the Constitution of India means:-

(a) The State has no religion of its own
(b) All religions are treated equally
(c) The State has no common religion
(d) Both (a) and (b) are correct

Explanation:- D

Q3. The Preamble of the Constitution of India declared India as ‘Republic’ because

(a) President is elected indirectly.
(b) Head of the State is elected in democratic manner.
(c) Sovereignty lies in State.
(d) Parliament consists of two houses.

Explanation:- B

Q4. Under Article 3 of Constitution the Parliament may by law form a new state. No Bill for the purpose shall be introduced in Parliament except on recommendation of-

(a) Prime Minister
(b) President
(c) Speaker
(d) Any Member of Parliament

Explanation:- B

Under Article 3, the Constitution empowers Parliament to 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. The Constitution further states that Parliament has the power to increase or diminish the area of any State or to alter the boundaries or names of any State. However, Parliament has follow certain procedures in this regard. A Bill giving effect to any or all the changes stated above can be introduced in either House of the Parliament, only on the recommendation of the President.

Q5.The Part III of the Indian Constitution includes the following Articles :

(a) 14 to 29
(b) 36 to 51
(c) 52 to 62
(d) 12 to 35

Explanation:- D

Q6. Does a foreign citizen have fundamental rights under the Indian Constitution?

(a) Yes, all fundamental rights apply to all natural persons
(b) Yes, all fundamental rights apply to all natural and juristic person
(c) No, fundamental rights only apply to Indian citizens.
(d) Some fundamental rights apply to all person, whereas others are restricted to citizens.

Explanation:- D

Q7. Which of the following case is known as Fundamental Right Case?

(a) ADM Jabalpur Case
(b) Keshavananda Bharti Case
(c) Golaknath Case
(d) Maneka Gandhi Case

Explanation:- B

Q8. Under which Article the definition of State includes the Government and Parliament of India, Government and Legislature of State and all local authorities in the territory of India.

(a) Article 11
(b) Article 12
(c) Article 13
(d) Article 9

Explanation:- B

Q9. Which of the following is “State” within the definition of Article 12 of the Constitution ?

(a) National Book Trust
(b) State Council of Educational Research and Training(SCERT)
(c) Rajiv Gandhi Board
(d) Institute of Constitutional & Parliamentary Studies

Explanation:- A

Q10. Which of the following is not State’ for the purpose of Article 12 of the Constitution?

(a) National Council of Education Research and Training (NCERT)
(b) A Nationalized Bank
(c) Institute of Medical Education and Research, Chandigarh
(d) Griha Kalyan Kendra

Explanation:- A

Q11. In which case for the first time, the Supreme Court had laid down certain principles to decide as to when a corporation can be said to be an instrumentality of the state :-

(a) Ramana Dayaram Shetty v. International Airport Authority of India
(b) Sukhdev Singh v. Bhagatram
(c) Rajasthan State Electricity Board v. Mohan Lal
(d) Som Prakash Rekhi v. Union of India

Explanation:- A

Financial resources of the State, where State is the chief funding source i.e. the entire share capital is held by the government.
Deep and pervasive control of the State
The functional character being Governmental in its essence, meaning thereby that its functions have public importance or are of a governmental character.
A department of Government transferred to a corporation.
Enjoys “monopoly status” which State conferred or is protected by it.

Q12. According to the Constitution of India, pre-Constitutional laws inconsistent with the Fundamental Rights are :-

(a) void
(b) voidable
(c) required to be examined by the courts
(d) none of the above

Explanation:- A

Q13. According to Article 13(3) of the Constitution of India, Law includes :

(a) any ordinance, order, bye-law rule, regulation, notification, custom or usage having in the territory of India the force of law
(b) any ordinance, order, bye-law, customs or usages
(c) any rules, regulations or notifications in India
(d) any law made by delegated authority in the country

Explanation:- A

Q14. In which one of the following cases, has the Supreme Court observed that judicial review is a basic structure of the Constitution?

(a) S.R. Bommai v. Union of India
(b) S.P. Mittal v. Union of India
(c) Maneka Gandhi, v. Union of India
(d) L. Chandra Kumar v. Union of India

Explanation:- D

Q15. In which of the following cases did the Supreme Court held that an amendment of the Constitution under Article 368 was “law within the meaning of Article 13 of the Constitution of India :-

(a) Golaknath v. State of Punjab
(b) Saijan Singh v. State of Rajasthan
(c) Shankari Prasad v. Union of India
(d) Keshvananda Bharti v. State of Kerala.

Explanation:- A

In that case, the Supreme Court ruled that the Parliament cannot take away or abridge any of the Fundamental Rights.
The Parliament reacted to the Supreme Court’s judgement in the Golaknath Case (1967) by enacting the 24th Amendment Act (1971) and the 25th Amendment Act (1971).
The 24th Amendment Act declared that the Parliament has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts.

Q16. The doctrine of eclipse applies to :

(a) Only to pre-constitutional laws
(b) To post-constitutional laws but only in respect of non-citizens
(c) To post-constitutional laws but only in respect of citizens
(d) To all laws-pre-constitutional as well as post-constitutional

Explanation:- D

It is applied when any law/act violates the Fundamental Rights (FR).
In such a case, the FR overshadows the law/act and makes it unenforceable but not void ab initio.
They can be reinforced if the restrictions posed by the fundamental rights are removed. It was first introduced by SC in Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955)

Q17. Clause (4) of Article 13 of the Indian Constitution which was inserted by the 24th Amendment Act,1971, states that a Constitution Amendment Act, passed according to Article 368 of the Indian Constitution is a law within the meaning of Article13 and would, accordingly be void if it contravenes a fundamental right. This amendment was declared void in which of the following cases ?

(a) Golak Nath v. State of Punjab
(b) Edward Mills Co. Ltd. v. State of Ajmer
(c) Minerva Mills v. Union of India
(d) Ghulam Sarwar v. Union of India

Explanation:- C

This case again strengthens the Basic Structure doctrine. The judgement struck down 2 changes made to the Constitution by the 42nd Amendment Act 1976, declaring them to be violative of the basic structure.
In this case, the Court added two features to the list of basic structure features. They were: judicial review and balance between Fundamental Rights and DPSP.
Also, ruled that a limited amending power itself is a basic feature of the Constitution.

Q20. The Supreme Court of India has adopted new approach for the interpretation of the concept ‘Equality’ in:

(a) State of West Bengal v. Anwar Ali Sarkar
(b) EP. Royappa v. State of Tamil Nadu
(c) Keshavanananda Bharati v. State of Kerala
(d) State of Karnataka v. Appa Balulngale.

Explanation:- B

Q19. Match List-I with List-II and select the correct answer using the codes given below:
List-I                                                                                     List-II
A. Doctrine of Eclipse                                    1.RMDC v. Union of India
B. Doctrine of Severability                            2. State of Bombay v. F.N.Balsara
C. Doctrine of Waiver                                   3.Bhikaji v. State of M.P.
D. Doctrine of pith and substance               4.Bashesher Nath v. IncomeTax Commissioner

Code: A    B     C     D
(a)       3    2      4      1
(b)      2    3      1      4
(c)       3    1      4      2
(d)      4    2      3       1

Explanation:- C

Q21. In which of the following cases the question regarding ‘reservation’ is considered by the Supreme Court first time?

(a) Mandal Commission case
(b) Romesh Thapper v. State of Madras sup
(c) Champakam Dorairajan v. State of Madras
(d) M.R. Balaji case

Explanation:- C

The State of Madras v. Smt. Champakam Dorairajan (1951) case was the first major verdict of the Supreme Court on the issue of Reservation. The case led to the First amendment in the constitution. Pursuant to the Supreme Court’s order in the case the Parliament amended Article 15 by inserting Clause (4).

Q22. Article 15 of the Constitution prohibits discrimination between citizen on the basis of :-

(a) Religion and caste only
(b) Religion, race and caste only
(c) Religion, caste and sex only
(d) Religion, race, caste, sex, place of birth or any of them

Explanation:- D

Q23. With reference to the constitutionality of section377 of IPC. In which of the following cases it was observed that ‘sex’ under Article 15 of the Constitution includes ‘sexual orientation’?

(a) Naz Foundation v. Government of NCT Delhi, 160Delhi Law Times 277
(b) Suresh Kumar Kaushal v. Naz Foundation (2014) 1SCC1
(c) Govind v. State of M.P. (1975) 2 SCC 148
(d) Francis Coralie Mullin v. Union Territory of Delhi,(1981) 1 SCC 608

Explanation:- A

Delhi High Court struck off section 377, legalising consensual homosexual activities between adults.
Suresh Kumar Koushal Case (2013)
Navtej Singh Johar vs. Union Of India (2018)

Q24. Backwardness under Article 15(4) :

(a) must be social and educational
(b) must be social and not necessarily to be educational
(c)must be economic as well as social
(d) none of the above is correct

Explanation:- A

Q25. Clause (5) in Article 15 making provision of reservation to Backward and SC, ST classes in private educational institution is inserted by which of the Constitutional Amendment Act?

(a) 93rd Amendment Act
(b) 72nd Amendment Act
(c) 44th Amendment Act
(d) 74th Amendment Act

Explanation:- A

Article 15(5) empowers the state to make reservation in admission into education institutions including private schools or colleges whether or not aided by government.