π¨ββοΈ Constitution MCQs
Do answer them by giving reference to the appropriate Article/s
@CurrentLegalGK
Do answer them by giving reference to the appropriate Article/s
@CurrentLegalGK
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β‘ Must watch to know the reason behind each art for that Part.
βοΈ Sanskrit language was proposed by ambedkar as National Language.
https://youtu.be/MjCPrPwt2W4?feature=shared
All constitutional law illustrationβ‘ Must watch to know the reason behind each art for that Part.
βοΈ Sanskrit language was proposed by ambedkar as National Language.
https://youtu.be/MjCPrPwt2W4?feature=shared
YouTube
Sansad TV Specialΰ₯€ Constitutional Illustrations | 26 November, 2023
Placed in a special helium-filled case in the Indian Parliament Library, the pages of the handcrafted Indian Constitution are bound in black leather, embossed with patterns in gold. It defines not just the laws of the country, but its authors also envisionedβ¦
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PIL In Patna High Court Challenges Bihar Law Increasing Reservation To 65%; Says SEBC Quota Need Not Be Proportionate To Population
https://www.livelaw.in/high-court/patna-high-court/pil-patna-high-court-challenging-constitutional-validity-bihar-reservation-act-2023-bihar-in-admission-in-educational-institutions-reservation-act-243055
https://www.livelaw.in/high-court/patna-high-court/pil-patna-high-court-challenging-constitutional-validity-bihar-reservation-act-2023-bihar-in-admission-in-educational-institutions-reservation-act-243055
www.livelaw.in
PIL In Patna High Court Challenges Bihar Law Increasing Reservation To 65%; Says SEBC Quota Need Not Be Proportionate To Population
A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes,...
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The answers of the Constitution Day Special Quiz(Part 1) are given below :
1. In Supriyo v. Union of India, a Constitution Bench of the Supreme Court held :
(a) Right to marry is a fundamental right.
(b) Right to marry is not a fundamental right.
(c) Right to marry is not a fundamental right but the right to recognition of a civil union is a fundamental right.
(d) (b) and (c) .
Answer : (b). The Constitution Bench unanimously held that right to marry is not a fundamental right.
2. When Governors withhold assent to a Bill, what should be the next step taken by them :
(a) The Governor must return the bill as soon as possible to the legislature for reconsideration.
(b) The Governor must refer the Bill to the President for assent.
(c) The Governor must refer the bill to the Chief Minister.
(d) The Governor need not do anything further.
Answer : (a). The Supreme Court recently held in State of Punjab v. Principal Secretary to Governor of Punjab(2023) that a Governor, on withholding assent to a bill, must return it to the legislature. In State of Telangana v. Hon'ble Secretary to Her Excellency the Governor(2023), the Supreme Court observed that as per the proviso to Article 200, the Governor must return the bill "as soon as possible".
3. What has the Supreme Court held about the right of a religious denomination to excommunicate?
(a) The Supreme Court has held that the right to excommunicate is a part of fundamental rights under Articles 25 and 26.
(b) The Supreme Court has held that excommunication infringes constitutional morality and canβt be claimed as a fundamental right by a religious denomination.
(c) The Supreme Court has held that a religious denominationβs right to excommunicate must prevail over an individualβs right to practice religion.
(d) The Supreme Court has prima facie expressed that excommunication violates constitutional morality and has referred the matter to a 9-judge bench for an authoritative pronouncement.
Answer : (d). In Central Board of Dawoodi Bohra Community & Anr. v. State of Maharashtra & Anr(2023), a 5-judge bench of the Supreme Court prima facie observed that excommunication violates the principles of constitutional morality. However, since a coordinate bench in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay(1962) struck down a legislation prohibiting excommunication, the matter was referred to a larger bench. Noting that the issues relating to the ambit of religious freedom were subject matter of the Sabarimala reference pending before a 9-judge bench, the bench referred the Dawoodi Bohra case to that bench.
4. Government bars the telecast of a TV channel on the ground that it airs only views critical of the government policies. What do you think about the Government action?
(a) The Government action is valid as Article 19(2) enables it to restrict the expression of views which are against the State.
(b) The Government action is valid as the freedom of the press is also coupled with the duty to support the Government policies.
(c) The Government action is unconstitutional because criticism of governmental policy is not a ground stipulated in Article 19(2).
(d) The Government action is unconstitutional but not illegal because the grant of statutory license of the channel is subject to the condition that it should support the government policies.
Answer : (c). "Criticism of governmental policy can by no stretch of imagination be brought within the fold of any of the grounds stipulated in Article 19(2)", held the Supreme Court in Madhyamam Broadcasting Ltd vs Union of India and others(2023).
5. Citizens can claim fundamental rights guaranteed under the Constitution only if they perform their fundamental duties under Article 51A.
(a) The statement is correct because only those who perform their duties can make a moral claim for rights.
1. In Supriyo v. Union of India, a Constitution Bench of the Supreme Court held :
(a) Right to marry is a fundamental right.
(b) Right to marry is not a fundamental right.
(c) Right to marry is not a fundamental right but the right to recognition of a civil union is a fundamental right.
(d) (b) and (c) .
Answer : (b). The Constitution Bench unanimously held that right to marry is not a fundamental right.
2. When Governors withhold assent to a Bill, what should be the next step taken by them :
(a) The Governor must return the bill as soon as possible to the legislature for reconsideration.
(b) The Governor must refer the Bill to the President for assent.
(c) The Governor must refer the bill to the Chief Minister.
(d) The Governor need not do anything further.
Answer : (a). The Supreme Court recently held in State of Punjab v. Principal Secretary to Governor of Punjab(2023) that a Governor, on withholding assent to a bill, must return it to the legislature. In State of Telangana v. Hon'ble Secretary to Her Excellency the Governor(2023), the Supreme Court observed that as per the proviso to Article 200, the Governor must return the bill "as soon as possible".
3. What has the Supreme Court held about the right of a religious denomination to excommunicate?
(a) The Supreme Court has held that the right to excommunicate is a part of fundamental rights under Articles 25 and 26.
(b) The Supreme Court has held that excommunication infringes constitutional morality and canβt be claimed as a fundamental right by a religious denomination.
(c) The Supreme Court has held that a religious denominationβs right to excommunicate must prevail over an individualβs right to practice religion.
(d) The Supreme Court has prima facie expressed that excommunication violates constitutional morality and has referred the matter to a 9-judge bench for an authoritative pronouncement.
Answer : (d). In Central Board of Dawoodi Bohra Community & Anr. v. State of Maharashtra & Anr(2023), a 5-judge bench of the Supreme Court prima facie observed that excommunication violates the principles of constitutional morality. However, since a coordinate bench in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay(1962) struck down a legislation prohibiting excommunication, the matter was referred to a larger bench. Noting that the issues relating to the ambit of religious freedom were subject matter of the Sabarimala reference pending before a 9-judge bench, the bench referred the Dawoodi Bohra case to that bench.
4. Government bars the telecast of a TV channel on the ground that it airs only views critical of the government policies. What do you think about the Government action?
(a) The Government action is valid as Article 19(2) enables it to restrict the expression of views which are against the State.
(b) The Government action is valid as the freedom of the press is also coupled with the duty to support the Government policies.
(c) The Government action is unconstitutional because criticism of governmental policy is not a ground stipulated in Article 19(2).
(d) The Government action is unconstitutional but not illegal because the grant of statutory license of the channel is subject to the condition that it should support the government policies.
Answer : (c). "Criticism of governmental policy can by no stretch of imagination be brought within the fold of any of the grounds stipulated in Article 19(2)", held the Supreme Court in Madhyamam Broadcasting Ltd vs Union of India and others(2023).
5. Citizens can claim fundamental rights guaranteed under the Constitution only if they perform their fundamental duties under Article 51A.
(a) The statement is correct because only those who perform their duties can make a moral claim for rights.
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(b) The statement is correct because only lazy and irresponsible persons think only of their rights without considering their duties.
(c) The statement is correct because for the development of the country, citizens must be concerned more about their duties than their rights.
(d) The statement is wrong because the Constitutionally guaranteed rights are not conditional on the individuals performing their fundamental duties.
Answer : (d).
6. According to the Constitution, India is :
(a) A Union of States.
(b) A Federation of States.
(c) Confederation of States.
(d) Assembly of States.
Answer : (a). Article 1 describes India as a "Union of States".
7. Which of the following statements is correct :
(a) Our Constitution only recognises the concept of βcooperative federalismβ.
(b) Our Constitution recognises the concept of βuncooperative federalismβ along with βcooperative federalismβ
(c) Our Constitution does not recognise βuncooperative federalismβ.
(d) Our Constitution only recognises the concept of βuncooperative federalismβ.
Answer : (b). In Union of India and Anr versus M/s Mohit Minerals Through Director(2022), the Supreme Court discussed the concept of "uncooperative federalism" along with "cooperative federalism" and observed that a degree of contestation between the Centre and the States is also good for democracy. "Indian federalism is a dialogue between cooperative and uncooperative federalism", observed the Court. The decision was in the context of GST council recommendations.
8. Can the Preamble to the Constitution of India be amended? Choose the most correct answer.
(a) The Preamble cannot be amended as it is not a part of the Constitution.
(b) Preamble cannot be amended as only the Articles of the Constitution can be amended using the powers under Article 368.
(c) Preamble can be amended by the Parliament but without altering the basic structure of the Constitution.
(d) A Constitutional amendment is not necessary to amend the Preamble and it can be amended through an ordinary legislative amendment bill.
Answer : (c). In Kesavananda Bharati case, the Supreme Court held that the Preamble can be amended subject to the basic structure doctrine.
9. How many Constitution Amendment Acts have been enacted so far?
(a) 106
(b) 128
(c) 104
(d) 103
Answer : (a). The latest amendment is the Constitution (106th Amendment) Act 2023, which provides for women's reservation in legislatures.
10. Can the Governor order a floor test to settle an intra-party dispute?
(a) Yes
(b) No
(c) This issue is yet to be answered.
Answer : (b). In Subhash Desai v. Principal Secretary to Governor of Maharashtra (2023), a Constitution Bench of the Supreme Court held that a Governor cannot order a floor test to settle an intra-party dispute as the Governor cannot enter the political arena.
11. Government can claim absolute immunity from disclosure on grounds of national security.
(a) Yes.
(b) No
(c) Depends on the factual situation.
Answer : (b). In Manohar Lal Sharma versus Union of India(2021- Pegasus case), the Supreme Court held that mere invocation of the ground of national security will not give a "free pass" to the State from disclosure. In Madhyamam Broadcasting Ltd vs Union of India and others (2023), the Court held that national security concerns will not completely abrogate the principles of natural justice and that the State cannot claim absolute immunity.
12. A State action, which has no discriminatory intention, results in disadvantage to a particular group, infringing their rights.
(a) The action is not unconstitutional because there is no discriminatory intent.
(b) The action is unconstitutional because it has the effect of discrimination.
(c) The State action cannot be challenged on the sole ground that it affects the right of only a particular group.
(c) The statement is correct because for the development of the country, citizens must be concerned more about their duties than their rights.
(d) The statement is wrong because the Constitutionally guaranteed rights are not conditional on the individuals performing their fundamental duties.
Answer : (d).
6. According to the Constitution, India is :
(a) A Union of States.
(b) A Federation of States.
(c) Confederation of States.
(d) Assembly of States.
Answer : (a). Article 1 describes India as a "Union of States".
7. Which of the following statements is correct :
(a) Our Constitution only recognises the concept of βcooperative federalismβ.
(b) Our Constitution recognises the concept of βuncooperative federalismβ along with βcooperative federalismβ
(c) Our Constitution does not recognise βuncooperative federalismβ.
(d) Our Constitution only recognises the concept of βuncooperative federalismβ.
Answer : (b). In Union of India and Anr versus M/s Mohit Minerals Through Director(2022), the Supreme Court discussed the concept of "uncooperative federalism" along with "cooperative federalism" and observed that a degree of contestation between the Centre and the States is also good for democracy. "Indian federalism is a dialogue between cooperative and uncooperative federalism", observed the Court. The decision was in the context of GST council recommendations.
8. Can the Preamble to the Constitution of India be amended? Choose the most correct answer.
(a) The Preamble cannot be amended as it is not a part of the Constitution.
(b) Preamble cannot be amended as only the Articles of the Constitution can be amended using the powers under Article 368.
(c) Preamble can be amended by the Parliament but without altering the basic structure of the Constitution.
(d) A Constitutional amendment is not necessary to amend the Preamble and it can be amended through an ordinary legislative amendment bill.
Answer : (c). In Kesavananda Bharati case, the Supreme Court held that the Preamble can be amended subject to the basic structure doctrine.
9. How many Constitution Amendment Acts have been enacted so far?
(a) 106
(b) 128
(c) 104
(d) 103
Answer : (a). The latest amendment is the Constitution (106th Amendment) Act 2023, which provides for women's reservation in legislatures.
10. Can the Governor order a floor test to settle an intra-party dispute?
(a) Yes
(b) No
(c) This issue is yet to be answered.
Answer : (b). In Subhash Desai v. Principal Secretary to Governor of Maharashtra (2023), a Constitution Bench of the Supreme Court held that a Governor cannot order a floor test to settle an intra-party dispute as the Governor cannot enter the political arena.
11. Government can claim absolute immunity from disclosure on grounds of national security.
(a) Yes.
(b) No
(c) Depends on the factual situation.
Answer : (b). In Manohar Lal Sharma versus Union of India(2021- Pegasus case), the Supreme Court held that mere invocation of the ground of national security will not give a "free pass" to the State from disclosure. In Madhyamam Broadcasting Ltd vs Union of India and others (2023), the Court held that national security concerns will not completely abrogate the principles of natural justice and that the State cannot claim absolute immunity.
12. A State action, which has no discriminatory intention, results in disadvantage to a particular group, infringing their rights.
(a) The action is not unconstitutional because there is no discriminatory intent.
(b) The action is unconstitutional because it has the effect of discrimination.
(c) The State action cannot be challenged on the sole ground that it affects the right of only a particular group.
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(d) The State Action is not unconstitutional because only direct discrimination is prohibited under the Constitution.
Answer : (b). In Lt Col Nitisha vs. Union of India(2021), the Supreme Court explained the concept of "indirect discrimination" and held that an action will be unconstitutional if it has a discriminatory effect on a particular section, though it was facially neutral and lacked discriminatory intent.
13. Can fundamental rights under Article 19 and 21 be enforced against private entities?
(a) Yes
(b) No
(c) The issue is yet to be settled by the Supreme Court.
Answer : (a). In Kaushal Kishore v. Union of India (2023), the Supreme Court held by 4:1 majority that Articles 19 and 21 can be enforced against private entities. Justice BV Nagarathna dissented
14. The union parliament passes a law reserving seats in the Lok Sabha, the lower house of state legislatures, and the Delhi legislative assembly, for a certain section of the population. Does the law need to be ratified by at least one-half of the states?
(a) Yes
(b) No
Answer : (b). The procedural limitation on the parliamentβs constituent power contained in the proviso to Article 368(2) is attracted only when an amendment directly affects Articles 54 (election of president), 55 (manner of election of president), 73 (executive powers of the Union), 162 (executive powers of states), 241 (high courts for union territories), or any of the articles contained in Chapter IV of Part V (union judiciary), Chapter V of Part VI (high courts in states), and Chapter I of Part XI (distribution of legislative powers). Similarly, before modifying any of the lists in the Seventh Schedule, altering the representation of states in the parliament, or amending the provisions of Article 368 itself, the concurrence of at least one-half of the states is required. For more reading, refer here.
15. Is violation of the principles of separation of powers a ground to declare a legislation as unconstitutional?
(a) Yes.
(b) No.
(c) The issue is yet to be settled by the Supreme Court.
Answer : (a). In Madras Bar Association v. Union of India (2021), the Supreme Court held -"..separation of powers forms part of the basic structure of the Constitution. Violation of separation of powers would result in infringement of Article 14 of the Constitution."
16. The Preamble to the Constitution declares India asβ¦β¦..
(a) Sovereign, Democratic, Republic
(b) Sovereign, Socialist, Secular, Democratic, Republic
(c) Socialist, Democratic, Republic
(d) Sovereign, Socialist, Democratic, Republic.
Answer : (b).
17. In which of the following judgments the Supreme Court held that the βmanifest arbitrarinessβ can be a ground to strike down a legislation?
(a) Shayara Bano v. Union of India (2017)
(b) State of A.P. v. McDowell & Co
(c) Hindustan Construction Company Ltd and another v. Union of India (2019)
(d) (a) and (c)
Answer : (d). In Shayara Bano, Justice Nariman's judgment held that "manifest arbitrariness" can be a ground to strike down a legislation. The precedent in McDowell holding to the contrary was overruled. In Hindustan Construction Company Ltd and another v. Union of India, the principle of "manifest arbitrariness" was applied to strike down Section 87 of the Arbitration and Conciliation Act.
18. Is the presumption of Constitutionality applicable to the Indian Penal Code?
(a) Yes, because all legislations have a presumption of constitutionality.
(b) No, because no legislation has any presumption of constitutionality.
(c) No, because a pre-constitutional statute has no presumption of constitutionality.
(d) Yes, because pre-constitutional statutes are presumed to be constitutional.
Answer : (c). In Navtej Johar v. Union of India(2018), the Supreme Court (Justice Nariman's judgment) held that no presumption of constitutionality attaches to a pre-constitutional statute like Indian Penal Code.
Answer : (b). In Lt Col Nitisha vs. Union of India(2021), the Supreme Court explained the concept of "indirect discrimination" and held that an action will be unconstitutional if it has a discriminatory effect on a particular section, though it was facially neutral and lacked discriminatory intent.
13. Can fundamental rights under Article 19 and 21 be enforced against private entities?
(a) Yes
(b) No
(c) The issue is yet to be settled by the Supreme Court.
Answer : (a). In Kaushal Kishore v. Union of India (2023), the Supreme Court held by 4:1 majority that Articles 19 and 21 can be enforced against private entities. Justice BV Nagarathna dissented
14. The union parliament passes a law reserving seats in the Lok Sabha, the lower house of state legislatures, and the Delhi legislative assembly, for a certain section of the population. Does the law need to be ratified by at least one-half of the states?
(a) Yes
(b) No
Answer : (b). The procedural limitation on the parliamentβs constituent power contained in the proviso to Article 368(2) is attracted only when an amendment directly affects Articles 54 (election of president), 55 (manner of election of president), 73 (executive powers of the Union), 162 (executive powers of states), 241 (high courts for union territories), or any of the articles contained in Chapter IV of Part V (union judiciary), Chapter V of Part VI (high courts in states), and Chapter I of Part XI (distribution of legislative powers). Similarly, before modifying any of the lists in the Seventh Schedule, altering the representation of states in the parliament, or amending the provisions of Article 368 itself, the concurrence of at least one-half of the states is required. For more reading, refer here.
15. Is violation of the principles of separation of powers a ground to declare a legislation as unconstitutional?
(a) Yes.
(b) No.
(c) The issue is yet to be settled by the Supreme Court.
Answer : (a). In Madras Bar Association v. Union of India (2021), the Supreme Court held -"..separation of powers forms part of the basic structure of the Constitution. Violation of separation of powers would result in infringement of Article 14 of the Constitution."
16. The Preamble to the Constitution declares India asβ¦β¦..
(a) Sovereign, Democratic, Republic
(b) Sovereign, Socialist, Secular, Democratic, Republic
(c) Socialist, Democratic, Republic
(d) Sovereign, Socialist, Democratic, Republic.
Answer : (b).
17. In which of the following judgments the Supreme Court held that the βmanifest arbitrarinessβ can be a ground to strike down a legislation?
(a) Shayara Bano v. Union of India (2017)
(b) State of A.P. v. McDowell & Co
(c) Hindustan Construction Company Ltd and another v. Union of India (2019)
(d) (a) and (c)
Answer : (d). In Shayara Bano, Justice Nariman's judgment held that "manifest arbitrariness" can be a ground to strike down a legislation. The precedent in McDowell holding to the contrary was overruled. In Hindustan Construction Company Ltd and another v. Union of India, the principle of "manifest arbitrariness" was applied to strike down Section 87 of the Arbitration and Conciliation Act.
18. Is the presumption of Constitutionality applicable to the Indian Penal Code?
(a) Yes, because all legislations have a presumption of constitutionality.
(b) No, because no legislation has any presumption of constitutionality.
(c) No, because a pre-constitutional statute has no presumption of constitutionality.
(d) Yes, because pre-constitutional statutes are presumed to be constitutional.
Answer : (c). In Navtej Johar v. Union of India(2018), the Supreme Court (Justice Nariman's judgment) held that no presumption of constitutionality attaches to a pre-constitutional statute like Indian Penal Code.
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19. In which Constitution Bench judgment the Supreme Court discussed the concept of "triple chain of accountability" :
(a) Subhash Desai v. Principal Secretary, Governor of Maharashtra (2023).
(b) Government of NCT of Delhi v. Union of India (2023).
(c) Vivek Narayan Sharma v. Union of India (2023).
(d) Janhit Abhiyan v.Union of India (2023).
Answer : (b). The Constitution Bench applied this principle to hold that the elected government of the NCT of Delhi has the power to control the civil servants serving it.
20. Which Article of the Constitution was described by Dr.Ambedkar as the βvery soul of the Constitution and the very heart of it.β
(a) Article 21
(c) Article 32
(d) Article 14
(e) Article 19
Answer : (c).
21. The ceiling limit of 50% for reservation :
(a) cannot be breached under any circumstance.
(b) is flexible and can be crossed by showing appropriate justifications.
(d) is a part of basic structure of the Constitution.
(d) (a) and (d).
Answer : (b). In Janhit Abhiyan v. Union of India(2022), the Supreme Court, while upholding the EWS quota (by 3:2), observed that the 50% ceiling limit was "not inflexible".
22. Discrimination on the ground of 'sexual orientation' violates Article 15 of the Constitution
(a) No, because Article 15 speaks of discrimination on the ground only of sex.
(b) Yes, because 'sex' under Article 15 also includes 'sexual orientation'.
(c) Yes, because Article 15 expressly mentions sexual orientation as a prohibited ground.
(d) (b) and (c),
Answer : (b). In Navtej Johar v. Union of India (2018), while decriminalising consensual homosexuality, the Supreme Court observed that discrimination on the ground of 'sex', which is prohibited as per Article 15, also includes 'sexual orientation'.
23. What is the minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution?
(a) 5
(b) 3
(c) 7
(d) 9
Answer : (a). This is as per Article 145(3)
24. If a reference or a review is pending against a Supreme Court judgment, is the High Court bound to follow it?
(a) Yes
(b) No
(c) High Court should defer its decision till the Supreme Court decides the review/reference.
(d) High Court has the discretion to take an independent decision.
Answer : (a). In UT of Ladakh v. Jammu and Kashmir National Conference(2023), the Supreme Court reiterated that the High Courts cannot refuse to follow a Supreme Court decision merely because a review or a reference is pending against it.
25. Can the Supreme Court invoke the powers under Article 142 to annul a marriage on the ground of irretrievable breakdown?
(a) Yes
(b) No
(c) The issue is yet to be decided in a pending reference.
Answer : (a). A Constitution Bench settled this issue in the recent decision in Shilpa Shialesh v. Varun Sreenivasan (2023).
The answers to the Constitution Day Special Quiz [Part 2] are here . Part 1 can be read here.
1. What is the significance of Constitution Day celebrated on 26th November in India?
a. Adoption of the Constitution
b. Enactment of the first constitutional amendment
c. Commencement of the Constitution
d. Ratification of fundamental rights
Answer : a. Constitution Day commemorates the adoption of the Indian Constitution on 26th November 1949.
2. Who was the Chairman of the Drafting Committee of the Indian Constitution?
a. Jawaharlal Nehru
b. Sardar Patel
c. Dr. B.R. Ambedkar
d. Rajendra Prasad
Answer : c. Dr. B.R. Ambedkar served as the Chairman of the Drafting Committee, which was responsible for framing the Indian Constitution.
3. When was the Constituent Assembly of India formed?
a. 1945
b. 1946
c. 1947
d. 1948
Answer : b. The Constituent Assembly of India was formed in 1946 to draft the Constitution for independent India.
4. How many total members were part of the Constituent Assembly of India?
a. 284
b. 296
c. 389
d. 330
Answer : c.
5. Who was the President of the Constituent Assembly?
a. Jawaharlal Nehru
b. Dr. Rajendra Prasad
c. Sardar Patel
d. Dr. B.R. Ambedkar
Answer : b.
(a) Subhash Desai v. Principal Secretary, Governor of Maharashtra (2023).
(b) Government of NCT of Delhi v. Union of India (2023).
(c) Vivek Narayan Sharma v. Union of India (2023).
(d) Janhit Abhiyan v.Union of India (2023).
Answer : (b). The Constitution Bench applied this principle to hold that the elected government of the NCT of Delhi has the power to control the civil servants serving it.
20. Which Article of the Constitution was described by Dr.Ambedkar as the βvery soul of the Constitution and the very heart of it.β
(a) Article 21
(c) Article 32
(d) Article 14
(e) Article 19
Answer : (c).
21. The ceiling limit of 50% for reservation :
(a) cannot be breached under any circumstance.
(b) is flexible and can be crossed by showing appropriate justifications.
(d) is a part of basic structure of the Constitution.
(d) (a) and (d).
Answer : (b). In Janhit Abhiyan v. Union of India(2022), the Supreme Court, while upholding the EWS quota (by 3:2), observed that the 50% ceiling limit was "not inflexible".
22. Discrimination on the ground of 'sexual orientation' violates Article 15 of the Constitution
(a) No, because Article 15 speaks of discrimination on the ground only of sex.
(b) Yes, because 'sex' under Article 15 also includes 'sexual orientation'.
(c) Yes, because Article 15 expressly mentions sexual orientation as a prohibited ground.
(d) (b) and (c),
Answer : (b). In Navtej Johar v. Union of India (2018), while decriminalising consensual homosexuality, the Supreme Court observed that discrimination on the ground of 'sex', which is prohibited as per Article 15, also includes 'sexual orientation'.
23. What is the minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution?
(a) 5
(b) 3
(c) 7
(d) 9
Answer : (a). This is as per Article 145(3)
24. If a reference or a review is pending against a Supreme Court judgment, is the High Court bound to follow it?
(a) Yes
(b) No
(c) High Court should defer its decision till the Supreme Court decides the review/reference.
(d) High Court has the discretion to take an independent decision.
Answer : (a). In UT of Ladakh v. Jammu and Kashmir National Conference(2023), the Supreme Court reiterated that the High Courts cannot refuse to follow a Supreme Court decision merely because a review or a reference is pending against it.
25. Can the Supreme Court invoke the powers under Article 142 to annul a marriage on the ground of irretrievable breakdown?
(a) Yes
(b) No
(c) The issue is yet to be decided in a pending reference.
Answer : (a). A Constitution Bench settled this issue in the recent decision in Shilpa Shialesh v. Varun Sreenivasan (2023).
The answers to the Constitution Day Special Quiz [Part 2] are here . Part 1 can be read here.
1. What is the significance of Constitution Day celebrated on 26th November in India?
a. Adoption of the Constitution
b. Enactment of the first constitutional amendment
c. Commencement of the Constitution
d. Ratification of fundamental rights
Answer : a. Constitution Day commemorates the adoption of the Indian Constitution on 26th November 1949.
2. Who was the Chairman of the Drafting Committee of the Indian Constitution?
a. Jawaharlal Nehru
b. Sardar Patel
c. Dr. B.R. Ambedkar
d. Rajendra Prasad
Answer : c. Dr. B.R. Ambedkar served as the Chairman of the Drafting Committee, which was responsible for framing the Indian Constitution.
3. When was the Constituent Assembly of India formed?
a. 1945
b. 1946
c. 1947
d. 1948
Answer : b. The Constituent Assembly of India was formed in 1946 to draft the Constitution for independent India.
4. How many total members were part of the Constituent Assembly of India?
a. 284
b. 296
c. 389
d. 330
Answer : c.
5. Who was the President of the Constituent Assembly?
a. Jawaharlal Nehru
b. Dr. Rajendra Prasad
c. Sardar Patel
d. Dr. B.R. Ambedkar
Answer : b.
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6. Which schedule of the Indian Constitution contains the list of states and union territories?
a. First Schedule
b. Second Schedule
c. Third Schedule
d. Fourth Schedule
Answer : a.
7. Which part of the Indian Constitution deals with Fundamental Rights?
a. Part I
b. Part II
c. Part III
d. Part IV
Answer : c.
8. The concept of Judicial Review in the Indian Constitution is borrowed from which country?
a. United Kingdom
b. United States
c. Australia
d. Canada
Answer : b.
9. Which Article of the Indian Constitution empowers Parliament to admit new States into the Union of India?
A) Article 2
B) Article 3
C) Article 4
D) Article 5
Answer : a.
10. Under Article 3, who has the power to initiate the proposal for the formation of a new State or the alteration of the boundaries of existing States?
A) President
B) Prime Minister
C) Governor of the concerned State
D) Chief Minister of the concerned State
Answer : a.
11. Which Article of the Indian Constitution explicitly defines "State" for the purpose of enforcement of Fundamental Rights?
A) Article 12
B) Article 14
C) Article 21
D) Article 32
Answer : a.
12. Which Article of the Constitution deals with the Right to Equality?
a. Article 12
b. Article 14
c. Article 19
d. Article 21
Answer : b.
13. Which case clarified that the Right to Life and Personal Liberty under Article 21 includes the right to live with human dignity?
A) AK Gopalan v. State of Madras
B) Maneka Gandhi v. Union of India
C) Keshavananda Bharati v. State of Kerala
D) Francis Coralie Mullin v. Administrator, Union Territory of Delhi
Answer : D.
14. Under Article 25, which test is applied to determine whether a belief constitutes a religion or not for the purpose of protection?
A) The Doctrine of Essential Practices
B) The Rational Nexus Test
C) The Public Order Test
D) The Morality Test
Answer : A.
15. The concept of "Equal Protection of Laws" under Article 14 is borrowed from which country's constitution?
A) United Kingdom
B) United States
C) France
D) Australia
Answer : B.
16. What is the significance of the term "reasonable classification" in the context of Article 14?
A) It allows for differential treatment without a rational basis
B) It prohibits any form of classification
C) It permits classification for a legitimate purpose
D) It only applies to economic legislation
Answer : C.
17. Which of the following practices is specifically prohibited under Article 23 of the Indian Constitution?
A) Compulsory service imposed by State for public purpose
B) Child labor
C) Bonded labor
D) Contract labor
Answer : C.
18. Article 24 prohibits the employment of children below a certain age in hazardous occupations. What is the prescribed age?
A) 12 years
B) 14 years
C) 16 years
D) 18 years
Answer : B
19. Which of the following statements is correct regarding the power to amend the Constitution under Article 368?
A) It can be done by a simple majority in both Houses of Parliament
B) It requires a two-thirds majority in both Houses of Parliament
C) It can be done by a special majority in the Lok Sabha
D) It requires the consent of all State Legislatures
Answer : B.
20. Which Article of the Indian Constitution emphasises that the Directive Principles of State Policy are not enforceable by any court?
A) Article 37
B) Article 39
C) Article 42
D) Article 47
Answer : A.
21. The concept of "Welfare State" is closely associated with which Directive Principle of State Policy?
A) Article 39
B) Article 41
C) Article 43
D) Article 48
Answer : A
22. Article 44 of the Indian Constitution relates to which Directive Principle of State Policy?
A) Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections
B) Uniform civil code for the citizens
C) Right to work, to education, and to public assistance in certain cases
D) Participation of workers in the management of industries
Answer : B
23. According to Article 39(a), what is the directive principle related to?
A. Right to Equality
a. First Schedule
b. Second Schedule
c. Third Schedule
d. Fourth Schedule
Answer : a.
7. Which part of the Indian Constitution deals with Fundamental Rights?
a. Part I
b. Part II
c. Part III
d. Part IV
Answer : c.
8. The concept of Judicial Review in the Indian Constitution is borrowed from which country?
a. United Kingdom
b. United States
c. Australia
d. Canada
Answer : b.
9. Which Article of the Indian Constitution empowers Parliament to admit new States into the Union of India?
A) Article 2
B) Article 3
C) Article 4
D) Article 5
Answer : a.
10. Under Article 3, who has the power to initiate the proposal for the formation of a new State or the alteration of the boundaries of existing States?
A) President
B) Prime Minister
C) Governor of the concerned State
D) Chief Minister of the concerned State
Answer : a.
11. Which Article of the Indian Constitution explicitly defines "State" for the purpose of enforcement of Fundamental Rights?
A) Article 12
B) Article 14
C) Article 21
D) Article 32
Answer : a.
12. Which Article of the Constitution deals with the Right to Equality?
a. Article 12
b. Article 14
c. Article 19
d. Article 21
Answer : b.
13. Which case clarified that the Right to Life and Personal Liberty under Article 21 includes the right to live with human dignity?
A) AK Gopalan v. State of Madras
B) Maneka Gandhi v. Union of India
C) Keshavananda Bharati v. State of Kerala
D) Francis Coralie Mullin v. Administrator, Union Territory of Delhi
Answer : D.
14. Under Article 25, which test is applied to determine whether a belief constitutes a religion or not for the purpose of protection?
A) The Doctrine of Essential Practices
B) The Rational Nexus Test
C) The Public Order Test
D) The Morality Test
Answer : A.
15. The concept of "Equal Protection of Laws" under Article 14 is borrowed from which country's constitution?
A) United Kingdom
B) United States
C) France
D) Australia
Answer : B.
16. What is the significance of the term "reasonable classification" in the context of Article 14?
A) It allows for differential treatment without a rational basis
B) It prohibits any form of classification
C) It permits classification for a legitimate purpose
D) It only applies to economic legislation
Answer : C.
17. Which of the following practices is specifically prohibited under Article 23 of the Indian Constitution?
A) Compulsory service imposed by State for public purpose
B) Child labor
C) Bonded labor
D) Contract labor
Answer : C.
18. Article 24 prohibits the employment of children below a certain age in hazardous occupations. What is the prescribed age?
A) 12 years
B) 14 years
C) 16 years
D) 18 years
Answer : B
19. Which of the following statements is correct regarding the power to amend the Constitution under Article 368?
A) It can be done by a simple majority in both Houses of Parliament
B) It requires a two-thirds majority in both Houses of Parliament
C) It can be done by a special majority in the Lok Sabha
D) It requires the consent of all State Legislatures
Answer : B.
20. Which Article of the Indian Constitution emphasises that the Directive Principles of State Policy are not enforceable by any court?
A) Article 37
B) Article 39
C) Article 42
D) Article 47
Answer : A.
21. The concept of "Welfare State" is closely associated with which Directive Principle of State Policy?
A) Article 39
B) Article 41
C) Article 43
D) Article 48
Answer : A
22. Article 44 of the Indian Constitution relates to which Directive Principle of State Policy?
A) Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections
B) Uniform civil code for the citizens
C) Right to work, to education, and to public assistance in certain cases
D) Participation of workers in the management of industries
Answer : B
23. According to Article 39(a), what is the directive principle related to?
A. Right to Equality
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B. Right to Education
C. Right to Work
D. Right to Life
Answer : C
24. Which amendment to the Indian Constitution inserted the Fundamental Duties?
a. 40th Amendment
b. 42nd Amendment
c. 44th Amendment
d. 46th Amendment
Answer : b.
25. Which Constitutional Amendment is known as the 'Mini Constitution of India'?
a. 42nd Amendment
b. 44th Amendment
c. 46th Amendment
d. 52nd Amendment
Answer : a.
26. Under which article of the Indian Constitution is the provision for the President's Rule in a state mentioned?
a. Article 356
b. Article 352
c. Article 360
d. Article 370
Answer : a.
27. The President of India is elected by an electoral college consisting of:
a. Lok Sabha and Rajya Sabha
b. Lok Sabha, Rajya Sabha, and State Legislative Assemblies
c. Rajya Sabha and State Legislative Assemblies
d. Lok Sabha, Rajya Sabha, and State Governors
Answer : b.
28. Which Schedule of the Indian Constitution contains the list of recognized languages?
a. First Schedule
b. Second Schedule
c. Eighth Schedule
d. Tenth Schedule
Answer : c.
29. The power to decide disputes between the States and the Centre falls under:
a. Original Jurisdiction of the Supreme Court (Article 131)
b. Appellate Jurisdiction of the Supreme Court
c. Advisory Jurisdiction of the Supreme Court
d. Writ Jurisdiction of the Supreme Court (Article 136)
Answer : a.
30. Which Constitutional Amendment introduced the anti-defection law in India?
a. 52nd Amendment
b. 56th Amendment
c. 62nd Amendment
d. 68th Amendment
Answer : a.
31. Who presides over the joint sitting of both Houses of Parliament?
a. President
b. Prime Minister
c. Speaker of Lok Sabha
d. Chief Justice of India
Answer : c.
32. The 73rd Amendment to the Constitution pertains to:
a. Panchayati Raj Institutions
b. Municipalities
c. Fundamental Rights
d. Directive Principles of State Policy
Answer : a.
33. Which Constitutional Amendment granted voting rights to citizens aged 18 and above?
a. 61st Amendment
b. 62nd Amendment
c. 63rd Amendment
d. 64th Amendment
Answer :a.
34. According to Article 85, what is the maximum gap permissible between two sessions of Parliament?
A) Three months
B) Four months
C) Six months
D) One year
Answer : c.
35. The President can make a reference to the Supreme Court for an advisory opinion under which Article?
a. Article 143
b. Article 144
c. Article 145
d. Article 146
Answer : a.
36. What is the significance of the Ninth Schedule in the Indian Constitution?
A) It contains the list of Scheduled Tribes in India
B) It provides protection to laws from judicial review
C) It specifies the allocation of powers between the Union and States
D) It deals with the powers of the President
Answer : B.
C. Right to Work
D. Right to Life
Answer : C
24. Which amendment to the Indian Constitution inserted the Fundamental Duties?
a. 40th Amendment
b. 42nd Amendment
c. 44th Amendment
d. 46th Amendment
Answer : b.
25. Which Constitutional Amendment is known as the 'Mini Constitution of India'?
a. 42nd Amendment
b. 44th Amendment
c. 46th Amendment
d. 52nd Amendment
Answer : a.
26. Under which article of the Indian Constitution is the provision for the President's Rule in a state mentioned?
a. Article 356
b. Article 352
c. Article 360
d. Article 370
Answer : a.
27. The President of India is elected by an electoral college consisting of:
a. Lok Sabha and Rajya Sabha
b. Lok Sabha, Rajya Sabha, and State Legislative Assemblies
c. Rajya Sabha and State Legislative Assemblies
d. Lok Sabha, Rajya Sabha, and State Governors
Answer : b.
28. Which Schedule of the Indian Constitution contains the list of recognized languages?
a. First Schedule
b. Second Schedule
c. Eighth Schedule
d. Tenth Schedule
Answer : c.
29. The power to decide disputes between the States and the Centre falls under:
a. Original Jurisdiction of the Supreme Court (Article 131)
b. Appellate Jurisdiction of the Supreme Court
c. Advisory Jurisdiction of the Supreme Court
d. Writ Jurisdiction of the Supreme Court (Article 136)
Answer : a.
30. Which Constitutional Amendment introduced the anti-defection law in India?
a. 52nd Amendment
b. 56th Amendment
c. 62nd Amendment
d. 68th Amendment
Answer : a.
31. Who presides over the joint sitting of both Houses of Parliament?
a. President
b. Prime Minister
c. Speaker of Lok Sabha
d. Chief Justice of India
Answer : c.
32. The 73rd Amendment to the Constitution pertains to:
a. Panchayati Raj Institutions
b. Municipalities
c. Fundamental Rights
d. Directive Principles of State Policy
Answer : a.
33. Which Constitutional Amendment granted voting rights to citizens aged 18 and above?
a. 61st Amendment
b. 62nd Amendment
c. 63rd Amendment
d. 64th Amendment
Answer :a.
34. According to Article 85, what is the maximum gap permissible between two sessions of Parliament?
A) Three months
B) Four months
C) Six months
D) One year
Answer : c.
35. The President can make a reference to the Supreme Court for an advisory opinion under which Article?
a. Article 143
b. Article 144
c. Article 145
d. Article 146
Answer : a.
36. What is the significance of the Ninth Schedule in the Indian Constitution?
A) It contains the list of Scheduled Tribes in India
B) It provides protection to laws from judicial review
C) It specifies the allocation of powers between the Union and States
D) It deals with the powers of the President
Answer : B.
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π HAPPY CONSTITUTION DAY Guys there are some very good recent conceptual based Questions do solve them fast don't delay this task. If you have been following our posts and have solved the earlier MCQs you will definitely be able answer these MCQs correctly.β¦
Answers to the yesterday's constitution lease quiz with explanationsRead them they are very important π
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Rajasthan Judicial Services Pattern
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CaseDrawing_Hindi.pdf
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50 most important landmark supreme court judgments
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50 most important landmark supreme court judgments
English -
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Inadequacy.pdf
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β Section 27 of Indian Contract Act,1872
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Inadequacy of the Trade Secretβs Protection Laws in India and Legal Regime Existing in U.S.β Section 27 of Indian Contract Act,1872
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β±οΈ Concept of Dynamic+ Injunction In Universal City v. Dotmovies. baby
Considering that there was a need to pass effective injunction orders as copyrighted films, TV series, etc. could be uploaded on rogue websites immediately upon release, a Dynamic+ injunction was granted, i.e. an injunction not only in respect of content/work existing at the time of filing of suit, but also future works of the plaintiffs in which their copyright exists and is violated by rogue websites.
β‘ 1st CASE-> Utv Software Communication Ltd. vs 1337X.To And Ors on 10 April, 2019 by Delhi HC
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β±οΈTime- 1 min
Accused at the relevant time, was posted at BOP Bamutia, Tripura, which is adjoining to the border of Bangladesh, an area marred by rampant smuggling. The records reveal that border fencing in the area in question had been erected just a few months before the incident had taken place. Prior to that, many villagers used to freely indulge in smuggling activities by crossing over to the Bangladesh side and vice versa.
Deceased used to indulge in smuggling activities and his name was mentioned in the list of smugglers maintained by the BSF. While on patrolling duty in the early hours of 5th June, 2004, the appellant admitted to have fired from his rifle at the deceased, who died as a result of the firearm injuries. He submitted that he noticed 6-7 persons crossing over from Bangladesh by cutting across the International border, who had tried to βgheraoβ him and were armed with weapons like ββBhalaβ, βDahβ and βLathiβ. They managed to surround the accused, who was closer to them. Apprehending an imminent and real threat to his life, the appellant had fired from his rifle at the intruders in self defence and the deceased who was a part of the group, sustained bullet injuries and had fallen on the ground.
β Based on [Ct. Mahadev v. Border Security Force, 2022]
1. Culpable homicide not amounting to Murder under 299 IPC
2. Exception 3 of 300 IPC
3. Exception 1 of 300 IPC
4. Exception 2 of 300 IPC
Factual Matrix based on recent case lawAccused at the relevant time, was posted at BOP Bamutia, Tripura, which is adjoining to the border of Bangladesh, an area marred by rampant smuggling. The records reveal that border fencing in the area in question had been erected just a few months before the incident had taken place. Prior to that, many villagers used to freely indulge in smuggling activities by crossing over to the Bangladesh side and vice versa.
Deceased used to indulge in smuggling activities and his name was mentioned in the list of smugglers maintained by the BSF. While on patrolling duty in the early hours of 5th June, 2004, the appellant admitted to have fired from his rifle at the deceased, who died as a result of the firearm injuries. He submitted that he noticed 6-7 persons crossing over from Bangladesh by cutting across the International border, who had tried to βgheraoβ him and were armed with weapons like ββBhalaβ, βDahβ and βLathiβ. They managed to surround the accused, who was closer to them. Apprehending an imminent and real threat to his life, the appellant had fired from his rifle at the intruders in self defence and the deceased who was a part of the group, sustained bullet injuries and had fallen on the ground.
β Based on [Ct. Mahadev v. Border Security Force, 2022]
1. Culpable homicide not amounting to Murder under 299 IPC
2. Exception 3 of 300 IPC
3. Exception 1 of 300 IPC
4. Exception 2 of 300 IPC
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1_CONCEPT_OF_LOCUS_STANDI_IN_RELATION_TO_CRIMINAL_JURISPRUDENCE.pdf
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CONCEPT OF LOCUS STANDI IN RELATION TO CRIMINAL JURISPRUDENCE
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Can you enumerate the list of offences with exception to the general rule in criminal case locus standi? Comment π
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π―Law study Material by Major Universities and Government online material. π―Delhi University law material https://lawfaculty.du.ac.in/Students/LL.B.-Course-Materials π΄Tamil Nadu University tndalu.ac.in/econtent.html https://tndalu.ac.in/econtent.html π£β¦
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