Constitution Of India – Judiciary Question Practice series Part 3

 

Q1. In which one of the following cases the Supreme Court has declared Article 15(5) as Constitutional?

(a) Indra Sawhney v. Union of India
(b) Ashok Kumar Thakur v. Union of India
(c) State of Madras v. Champakam Dorairajan
(d) T.M.A. Pai Foundations v. State of Karnataka

Explanation- B

• The Constitution (Ninety-Third Amendment) Act, 2005 does not violate the “basic structure” of the Constitution so far as it relates to the state maintained institutions and aided educational institutions.
• Article 15(5) is constitutionally valid and Articles 15(4) and 15(5) are not mutually contradictory.

Q2. In which case has the Supreme Court of India decided that the reservation should be less than 50%?

(a) Champakam Doraiarajan v. State of Madras
(b) M.R. Balaji v. State of Mysore
(c) R. Chitralekha v. State of Mysore
(d) None of the above

Explanation- B

Q3. “Creamy layer” rule excluding the well placed members of a caste from reservation was first laid down in the case of-

(a) Ashok Kumar Thakur v. State of Bihar
(b) Maneka Gandhi v. Union of India
(c) Indra Sawhney v. Union of India
(d) Minerva Mills v. Union of India.

Explanation- C

• The basis of exclusion of ‘creamy layer’ cannot be merely economic – the government cannot deny reservation to a person belonging to a backward community solely on the ground that he or she is rich.
  Social advancement, higher employment in government services, etc, play an equal role in deciding whether such a person belonged to the creamy layer and could be denied quota benefits.
  The SC has illustrated that ‘creamy layer’ would include “persons from backward classes who occupied posts in higher services like IAS, IPS and All India Services had reached a higher level of social advancement and economic status,

Q4. Which Article of the Constitution provides for reservation in promotion for Scheduled Caste and Scheduled Tribes :-

(a) Article 15(4)
(b) Article 16(4)
(c) Article 16(4A)
(d) Article 16(4B)

Explanation- C

• Article 16 (4A) provides that State can make any provision for reservation in matters of promotion in favour of the Scheduled Castes and the Scheduled Tribes if they are not adequately represented in the services under the State.

Q5. ‘Carry forward’ rule was held to be ‘ultra vires‘ in the case of-

(a) Devdasan v. Union of India
(b) B.N. Tiwari v. State of Mysore
(c) State of Kerala v. N.M. Thomas
(d) Balaji v. State of Mysore

Explanation- A

Q6. In which case the Supreme Court has held that the maximum limit of reservation cannot exceed 50 percent?

(a) Devadasan v. Union of India
(b) Indra Sawhney v. Union of India
(c)Balaji v. State of Mysore
(d) Pradeep Jain v. Union of India

Explanation- B

• The Supreme Court while upholding the 27% quota for backward classes. The concept of ‘creamy layer’ also gained currency through this judgment and provision that reservation for backward classes should be confined to initial appointments only and not extend to promotions.

Q7. Which provision has been added by Constitution (81 Amendment) Act, 2000?

(a) 15(4)
(b) 16(4A)
(c) 16(4B)
(d) 16(4)

Explanation- C

• Article 16(4B): Added by the 81st Constitutional Amendment Act, 2000 which enabled the unfilled SC/ST quota of a particular year to be carried forward to the next year.

Q8. Fundamental Freedoms given under Article 19 of the Constitution are available only to :-

(a) Citizens of India
(b) Citizens of India and Foreigners
(c) Both (a) and (b) above
(d) Foreigners living in India

Explanation- A

Q9. The Supreme Court has held that right to fly the National Flag with respect and dignity is a fundamental right of every citizen within the meaning of Article 19(1)(a) of the Constitution of India in the case of :-

(a) Keshvanand Bharti v. State of Kerala
(b) Abhay Singh v. State of Uttar Pradesh
(c) Union of India v. Naveen Jindal
(d) Shabnam Hashmi v. Union of India

Explanation- C

Q10. In Shreya Singhal v. Union of India (2015) 5 SCC1, the Supreme Court (a) Struck down Section 66A, Information Technology Act, 2000 in its entirety for violating Article19(1)

(a) and not being saved by Article 19(2).
(b) Struck down Section 66A, Information Technol-0gy Act, 2000 in its entirely for violating Articles14 and Article 21
(c)Upheld Section 66A, Information Technology Act,2000 but read down the scope of the provision to bring it in conformity with Article 19(1) (a) and Article 19(2).
(d) Upheld Section 66A, Information Technology Act,2000 but read down the scope of the provision to bring it in conformity with Article 14 and 21

Explanation- A

Q11. Which one out of the following is not a Fundamental Right ?

(a) Right to strike
(b) Right against exploitation
(c) Right to equality
(d) Right to freedom of religion

Explanation- A

Q12. Which one of the following is not a ground on which a reasonable restrictions on the right to freedom of speech and expression can be imposed?

(a) Security of the State
(b) Public Order
(c)Morality
(d) Public Policy

Explanation- D

Q13. In Swapnil Tripathi & Ors. v. Union of India, Supreme Court allowed live streaming of what kind of matters?

(a) All public interest litigations
(b) All cases except criminal cases
(c) All cases of constitutional importance
(d) None of the above

Explanation- C

Q14. Article 19(1) (e) of the Constitution of India guarantees-

(a) Freedom of speech and expression.
(b) Abolition of untouchability.
(c)Freedom of movement throughout India.
(d) Freedom to reside in any part of India

Explanation- D

Q15. The Constitution (97th Amendment) Act, 2011 inserted under Art. 19(1) (c):

(a) Associations
(b) Unions
(c) Organizations
(d) Cooperative Societies

Explanation- D

Q16. Which of the following freedoms is removed from Article 19 as Fundamental Freedom?

(a) Freedom to Assemble peaceably.
(b) Freedom to reside & settle.
(c) Freedom of movement
(d) Freedom to acquire and hold property.

Explanation- D

Q17. Which one of the following is not covered under Article 20 of the Constitution of India?

(a) ex post facto laws
(b) Preventive detention
(c) Double jeopardy
(d)Self-incrimination

Explanation- B

Q18. Which one of the following is the correct statement? Double Jeopardy means :

(a) Trying two persons jointly for the same offence.
(b) Trying the same person for two offences at two different times
(c)Putting the same person on trial twice for the same offence
(d) Trying a person for two offences committed by him in one incident.

Explanation- C

Q19. “Autre fois Acquit’ principle is related to :-

(a) Retrospective operators
(b) Double Jeopardy
(c) Ex post Facto Law
(d) Self-incrimination

Explanation- B

Q20. A person Y is convicted for the offence of kid-napping in 1960 and sentenced to three years of imprisonment. On release from the Tihar Jail, he is apprehended and detained for commission of murder and tried and convicted and sentenced to life imprisonment in 1990. Is this a violation of Article 20 of the Constitution of India?

(a) Yes
(b) No
(c) May be
(d) It is violation of a Directive Principle of State policy

Explanation- B

Q21. In which case the Supreme Court of India held that polygraph test conducted under compulsion is violative of Article 20(3) of the Constitution ?

(a) Selvi v. State of Karnataka (2010)
(b) Aruna R. Shanbaug v. Union of India (2011)
(c) Rattan Lal v. State of Punjab (1965)
(d) M.P. Sharma v. Satish Chandra (1954)

Explanation- A

• In the Selvi vs State of Karnataka & Anr case (2010), the Supreme Court ruled that no lie detector tests should be administered without the consent of the accused.
• Also, those who volunteer must have access to a lawyer and have the physical, emotional, and legal implications of the test explained to them by police and the lawyer.
• The results of the tests cannot be considered to be “confessions”, but any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence.
• The SC cited Article 20 (3) or Right against self-incrimination which states that no accused can be compelled to be a witness against himself.

Q22. Doctrine of Self Incrimination enacted in Article20(3) means-

(a) No person accused of an offence can be the Judge against himself.
(b) No person accused of an offence can be compelled to be the witness against himself.
(c)No person accused of an offence can be compelled to give evidence against others.
(d) None of the above.

Explanation- B

Q23. The words, ‘procedure established by law’ in Article 21 means-

(a) that due process of law must be followed
(b) a procedure laid down or enacted by a competent authority.
(c) the same things as ‘due process of law‘
(d) a law which is reasonably fair and just

Explanation- D

Q24. The scope of expression “procedure established by law“ occurring in Article 21was expanded in the case-

(a) A.K. Gopalan v. State of Madras
(b) Charanjit Lal Chowdhury v. Union of India
(c) KA. Abbas v. Union of India
(d) Menka Gandhi v. Union of India

Explanation- D

Q25. In which of the following cases, the Supreme Court held that ‘right to sleep is a Fundamental Right?

(a) Naaz Foundation Case
(b) In Re Ramlila Maidan Case
(c) Anna Hazare Case
(d) None of thea above

Explanation- B

Q26. “The Right to Privacy is not an absolute right” was held in following case

(a) Surjit Singh Thind vs. Kanwaljit Kaur case
(b) Kharak Singh vs. State of U.P.
(c) Mr. X vs. Hospital Z case
(d) Malak Singh vs. State of Punjab case

Explanation- C

Q27. Which of the following is popularly known as ‘Phone Tapping’ case?

(a) Vincent Parikurlangara vs. Union of India.
(b) State of Maharashtra vs. Madhukar Narain
(c) Parmanand Katara us. Union of India.
(d) Peoples Union of Civil Liberties us. Union of India.

Explanation- D

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