Most Important MCQs of Constitution – Indian Judiciary – Free PDF Download

 
Q) In which case, the dissolution of Bihar Legislative Assembly by the Governor before formation of government was declared unconstitutional?

1. Banarsi Das V. Ieeku Dutta and Others
2. Rameshwar Prasad v. Union of India
3. K. Misra v. State of Bihar
4. P. Singhal v. Union of India

Ans 2

• In the 2005 legislative assembly elections to the State of Bihar, there was no clear majority either to single party or a coalition party. This led to President’s rule being imposed in Bihar and the legislative assembly was suspended which meant that the assembly could not carry out any business. This was supposed to be temporary to give parties time to come to an agreement to form the government. But During this time reports emerged of Horse trading. As a result, Governor wrote a report to President. President Dissolved the Legislative Assembly on the basis of this report even before the L.A. could meet for once. The Supreme Court held that the dissolution of the legislative assembly was unconstitutional and illegal
• The petitioners argued that to dissolve the state legislative assembly it is necessary that the President is convinced that the governance of a State cannot be done in accordance with the Constitution and there is a complete failure of the constitutional machinery. This has to be based on concrete evidence. The entire purpose of keeping the assembly in suspended was to provide time to the political parties to form coalitions. However, before this could take place the Governor sent a report based on mere suspicion as there was no concrete proof that horse trading was taking place. Thus, Article 365 has been used arbitrarily.

Q) In Which of the following case SC refused to refer the petitions challenging the constitutional validity of the Centre’s move to abrogate Article 370 to a larger bench.?

1. Pravakar v State of Orissa
2. Shah Faesal v Union of India
3. Skill Lotto solutions v Union of India
4. None of the Above

Answer: 2

• Explanation: A five-judge bench of the Supreme Court held that there is no need to refer to a larger bench the petitions challenging the Presidential Orders to repeal the special status earlier granted to Jammu & Kashmir under Article 370 of the Constitution.

Q) The idea of preamble in the Constitution of India was

1. Italian constitution
2. Canadian constitution
3. French constitution
4. Constitution of USA

Answer: 4

• Explanation: The concept of preamble was borrowed from the American constitution. Republic , ideals of liberty ,equality and fraternity was borrowed from French constitution. The residuary power of centre, federation with strong centre, appointment of governor, advisory jurisdiction of the Supreme Court was borrowed from Canadian constitution.

Q) The Essential Elements of Basic Structure of Constitution of India is Contained in

1. Article 14
2. Article 21
3. Article 32
4. Preamble

Answer: 4

• Explanation: The Essential Elements of basic structure of the constitution are contained under the preamble as held under Keshawananda Bharti case. Grover, JJ Held that the preamble to the Constitution contains the clue to the fundamentals of the Constitution
• Hegde and Mukherjea, JJ Held that the broad contours of the basic elements and the fundamental features of the Constitution are delineated in the preamble and the Parliament has no power to abolish or emasculate those basic elements of fundamental features.

Q) “Carry forward rule is ultra vires” was held in the case

1. Devadasan v. Union of India
2. N. Tiwariv. Union of India
3. State of Kerala v. N. M. Thomas
4. State of Mysore

Ans. 1

• Devadasan v. Union of Indiaalso known ascarry forward rule casethe scope of Article 16(4) was contemplatedIn this case the petitioner, a Central Secretariat assistant level IV was competent for the next Unit Officer grade. The U.P.S.C. in 1961, organized a competitive examination which was held for the position of Assistant Superintendent to fill 45 vacancies of which 29 vacancies were reserved for SCs and STs and the subsequent vacancies remained open
• The Carry Forward Rule which states that in addition to the existing reserves, unfilled vacancies for reserved category candidates are to be extended to the next year, thereby increasing the quantum or reserves in the next year by the amount that is actually unfulfilled . It ended in 64.4 percent of vacancies that were to be filled with Scheduled Castes and Tribes in the recruitment yearly issue i.e. in the third year.
• Majority held that the “Carry forward rule”, as a result of which applicants belonging to Scheduled Castes or Tribes could get more than 50% of the vacancies to be filed in a particular year, is unconstitutional.

Q) What is the minimum age limit prescribed for a person to become the judge of the Supreme Court

1. 25 years
2. 35 years
3. 42 years
4. None of the above

Answer: 4

• No the minimum age limit prescribed for a person to become the judge of the Supreme Court because provision is provided under Constitution of India.

Q) Under Constitution of India in whom the sovereignty lies

1. President of India
2. Parliament
3. The people
4. All of the above

Answer: 3

• Explanation: The Preamble to the Constitution of India declares India as “Sovereign, Socialist, Secular, Democratic, Republic”. Sovereignty implies that India is free and has the authority to conduct its own affairs and governance. In India, the supreme power is possessed by people of the country. The people of the nation elect their representatives to govern them i.e., the Parliament derives its sovereignty from the people of the nation.

Q) The Hon’ble High Court held “Right to electricity” is a right to life in:

1. Mohan Lal V. Rajasthan Electricity Board
2. Maneka Gandhi V. Union of India
3. K.Gopalan V. State of Madras
4. K.Acharya V. CMD,WB,SE. Distribution Co.Ltd.

Answer: 4

• In the case of M K Acharya Vs C M D West Bengal Electricity Distribution Company Limited, the Calcutta High Court has held that the right to electricity comes under Article 21 of personal liberty as it is not possible to survive without electricity in the modern era. This case shows the extent of the life and personal liberty given in Article 21. Since Maneka Gandhi Vs. Government of India, High Courts and Supreme Court have openly interpreted Article 21 and explained the rights of citizens in detail.

Q) Legal maxim ‘autrefois’ is related to

1. Double jeopardy
2. Retrospective operation
3. self-incrimination
4. Ex post facto law

Ans. 1

• Autrefois Acquit and Autrefois Convict are french terms meaning “previously acquitted” and  “previously convicted”  This Rule refers to that a person cannot be tried for the same offence again if previously he has been either convicted or acquitted. 

Q) Which Community gets special provision for Central Services in Article 336?

1. Sikh Community
2. Muslim Community
3. Hindu Community
4. Anlgo-Indian Community

Answer: 4

• Special provision for Anglo-Indian community in certain services.—(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.
• During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years:
• Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease. (2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities

Q) “The principle of sovereign immunity will not apply to a proceeding for award of compensation for violation of fundamental rights”.
In which case, the Supreme Court of India held the above view?

1. Nilabati Behera v. State of Orissa
2. Rudal Shah v. State of Bihar
3. Kasturi Lal v. State of UP
4. Ram Singh v. State of Punjab 91. According to A. V. Dicey

Ans. 2

• It paved the way for the awarding of compensation for constitutional violations of fundamental rights.
• The case concerns a man who had been imprisoned for a time longer than his sentence.
• The petitioner sought compensation for his wrongful detention by filing a writ petition of habeas corpus with the Supreme Court under Article 32.
• SC awarded him compensation and held that concept of sovereign immunity is no longer available to the state whenever its employees commit a tort against the citizens. It means that the state is vicariously liable to provide compensation for the tortious acts of its employees.

Q) What is the correct chronology of words mentioned in preamble of COI?

1. Justice, equality, liberty, fraternity
2. Equality, Justice, Liberty, Fraternity
3. Equality, Liberty, Justice, Fraternity
4. Justice, Liberty, Equality, Fraternity

Answer: 4

• Explanation: As mentioned in the preamble.
• Justice in the Preamble embraces three distinct forms: Social, economic and political, secured through various provisions of the Fundamental and Directive Principles.
• Liberty implies the absence of restraints or domination on the activities of an individual such as freedom from slavery, serfdom, imprisonment, despotism, etc. The Preamble provides for the liberty of thought, expression, belief, faith, and worship.
• Equality means the absence of privileges or discrimination against any section of the society. The Preamble provides for equality of status and opportunity to all the people of the country. The Constitution strives to provide social, economic and political equality in the country.
• Fraternity means the feeling of brotherhThe Preamble seeks to promote fraternity among the people assuring the dignity of the individual and the unity and integrity of the nation.

Q) The administrative and operational control of the Armed Forces is exercised by the

1. Cabinet Committee on Political Affairs with Prime Minister as the Chairman
2. Ministry of Defence
3. Three Chiefs of the Army, Navy and Air Force Staff
4. President

Answer: 2

• Explanation: The Ministry of Defence(MoD) is charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the Indian Armed Forces. The President of India is the ceremonial commander-in-chief of the armed forces of the country. The Ministry of Defence provides policy framework and resources to the armed forces to discharge their responsibility in the context of the defence of the country.

Q) Article 13 of the Constitution provides:

1. Equality before law
2. Laws inconsistent with or in derogation of the fundamental rights.
3. Abolition of titles
4. State

Answer: 2

• Article 13 provides Laws inconsistent with or in derogation of the fundamental rights, 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.

Q) Who said Preamble is the identity card of the constitution

1. A.K.C. Where
2. B.N.A. Palkhiwala
3. C.G.V. Austin
4. D.Prof. Upender Baxi

Answer: 2

• Explanation: A. Palkhivala called Preamble as the identity card of the Constitution. He was an eminent jurist and a constitutional expert. He was revered in India as top authority on constitutional law and government finance.

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