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Q.1. The rule of passing a resolution by two-thirds majority of total number of members of the House for Parliament is applicable in case of___________?
(a) amendment of the Constitution
(b) approval of Proclamation of emergency
(c) impeachment of the President
(d) disapproval of proclamation of emergency
Q.2. Match List-I (Doctrines) with List-11 (Cases) and select the correct answer from the codes given below the Lists:
List-I List-II
(A.)Pith and substance 1. Kesavananda Bharati Vs. State of Kerala
(B.)Basic structure of the Constitution 2. Bhikaji Narain Vs. State of Madhya Pradesh
(C.)Doctrine of Eclipse 3. State of Rajasthan Vs. G. Chawla
(D.)Rule of severability 4. State of Bombay Vs. F.N. Balsara
Codes:
. A B C D
(a) 3 1 4 2
(b) 1 3 2 4
(c) 1 3 4 2
(d) 3 1 2 4
Q.3. Which one of following statements is not correct?
(a) A retired judge of Supreme Court is prohibited from appearing and pleading in any court within the territory of India
(b) Supreme Court may issue writs for the enforcement of any legal right within the territory of India
(c) Supreme Court has the power to punish any person for its contempt
(d) Salary of Judges of the Supreme Court is not subject to vote of the legislature
Q.4. Assertion (A) : The Directive Principle of State Policy contained in the Constitution of India are relevant in determining the limits of reasonable restrictions laid down in Article 19 dealing with the Fundamental Rights to Freedom.
Reason (R): The Fundamental Rights in Part III of the Constitution have been superseded by the Directive Principles.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.5. Assertion (A): The doctrine of res judicata does not apply to writs.
Reason (R): If a writ of habeas corpus is rejected by the Supreme Court, the same writ can be file a fresh before the High Court under Article 226 of tin-Constitution.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.6. Assertion (A): The Supreme Court is a Court of Record,
Reason (R): Once a Court is made a Court of Record, its power to punish for its contempt necessarily follows from that position.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.7. Which one of the following Articles in the Constitution reflects the doctrine of incorporation of International Law into Municipal law?
(a) 372 (2)
(b) 51 (c)
(c) 372 (1)
(d) 253
Q.8. The term ‘equal pay for equal work, is a___________?
(a) Directive Principle of State Policy
(b) Statutory provision in Labour Law
(d) Fundamental Right
(d) Matter of State to pass Bill
Q.9. The ‘Fundamental Duties’ are intended to serve as a reminder to___________?
(a) The State to perform duties conferred by the Constitution
(b) The judiciary to administer justice properly
(c) Every citizen to observe basic norms of democratic conduct
(d) The legislature wing to make laws for the welfare of the state
Q.10. Article 15 (3) of the Constitution of India empowers the State to make special provisions for__________?
(a) Reservation in employment for freedom lighters
(b) Women and children
(c) Reservation in employment for physically handicapped persons
(d) Relaxation of minimum qualifying marks for admission to those belonging to SC and ST category
Answers with Explanations
1.Correct Answer: C
Explanation- Article 61 of the Constitution lays down the procedure for the impeachment of the President. The President can be removed from his office by a process of impeachment for the violation of the Constitution.’ The impeachment charge against him may be initiated by either house of Parliament. The charge must come in the form of a proposal contained in a resolution signed by not less than 1/4th of the total number of the members of the House and moved after giving at least 14 day’s advance notice. Such resolution must be passed by a majority of not less than 2/3rd of the total membership of the House. Hence Option C is correct.
2.Correct Answer: D
Explanation- Correct matching will be as following:
List-I List-II
(Doctrines) (Cases)
Pith and substance State of Rajasthan Vs. G. Chawla
Basic structure of the Constitution Keshavanand Bharti Vs. State of Kerala
Doctrine of Eclipse Bhikaji Naraian Vs, State of Madhya Pradesh
Rule of severability State of Bombay Vs. F.N. Balsara
Hence Option D is correct.
3.Correct Answer: B
Explanation- Right guaranteed by Article 31 can he exercised for the enforcement of Fundamental Rights only, the right conferred by Art. 226 can be exercised not only Or the enforcement of Fundamental Rights but for “any other purpose”. Article 32 can be invoked only for the enforcement of Fundamental Rights and for no other purpose. Hence Option B is correct.
4.Correct Answer: C
Explanation- A is true and ‘R’ is false because 42nd amendment gave precedence to all the directive principles over the Fundamental Rights guaranteed in Articles 14, 19 or 31 of the Constitution. The directive principles are relevant to consider what are reasonable restrictions under Article 19. A restriction which promotes any objective embodied in Directive Principles is usually considered reasonable by courts of law. Hence Option C is correct.
5.Correct Answer: C
Explanation- `A’ is true but ‘It’ is false because if a question has been once decided by the Supreme Court under Article 32 the same question cannot be reopened, again under Article 226. In Daryao Vs. State of U.P. AIR, 1961, SC, 1457 was held that where the matter had been ‘heard’ and ‘decided’ by the High Court under Article 226 the writs under Article 32 is barred by the rule of res judicata any could not be restrained. But the rule of Res judicata is not applicable in the writ of habeas corpus and where the petitioner has been refused a writ from the High Court he ‘may file a petition for the same writ under Article 32. Hence Option C is correct.
6.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ is the correct explanation of ‘A ‘ because Article 129 makes the Supreme Court of Record and confers all the power to punish for its contempt. A court of Record is a court whose records are admitted to he of evidentiary value and they are not be questioned when they are produced before the court. Once a court is made a court of Record, its power to punish for contempt of court has been expressly conferred on the Supreme Court by our Constitution. Hence Option A is correct.
7.Correct Answer: B
Explanation- Article 51 provides for the promotion of international Peace and Security, it says that the state shall endeavour to promote International Peace and Security, maintain just and honourable relations between nations. foster respect for International Law and treaty obligations in the dealings of organised people with one another, and encourage settlement of International disputes by arbitration. Hence Option B is correct.
8.Correct Answer: A
Explanation- Article 39[d] provides equal pay for equal work both men and women.
Pursuant to Article 39[d] Parliament has enacted the equal Remuneration Act, 1976. The directive contained in Art. 39 [d] and the Act passed thereto can be judicially enforceable by the Court In Randhir Singh Vs. Union of India, AIR, 1982, SC 879 the Supreme Court has held that the principle of “Equal pay for equal work though not a Fundamental Rights” is certainly a Constitutional goal and, therefore, capable of enforcement through Constitutional remedies under Article 32 of the Constitution, The Doctrine of ‘equal pay for equal work’ cannot be put in a strait jacket. This right, although finds place in Article 39, is an accompaniment of equality clause enshrined in Article 14 and 16 of the Constitution. Reasonable classification, based on intelligible criteria having nexus with the object sought to be achieved is permissible, Hence Option A is correct.
9.Correct Answer: C
Explanation- Rights and duties are co-relative. The fundamental duties are, therefore, intended to serve as a constant reminder to every citizen that while the Constitution specifically conferred on them certain Fundamental Rights, it also requires citizens to observe certain basic norms of democratic conduct and democratic behaviour. Hence Option C is correct.
10.Correct Answer: B
Explanation- Article 15 (3) is one of the two exceptions to the general rule laid down in clauses (1) and (2) of Art. IS. It says that nothing in Article 15 shall prevent the State from making any special provision for women and children. Women and children require .special treatment on account of their very nature Article 15 (3) empowers the state to make special provisions for them The reason is that woman’s physical structure and the performance of maternal functions plate her at a disadvantage in the struggle for subsistence and her physical being becomes an object of public interest and care in order to preserve the strength and vigour of the race, Thus, under Article 42 women workers can be given special maternity relief and a law to this effect hill not infringe Article 15 (1). Hence Option B is correct.