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Q.1. The doctrine of prospective overruling was first evolved by Chief Justice Subba Rao in_______________?
(a) Golaknath vs. the State of Punjab
(b) Sajjan Singh vs. the State of Rajasthan
(c) Kesavananda Bharati vs. the State of Kerala
(d) Shankari Prasad vs. Union of India
Q.2. A Constitutional amendment shall also be ratified by legislatures of not less than one-half of the States by a resolution if it is meant to make any change in__________________________?
(a) Fundamental Right
(b) Directive Principles
(c) Fundamental Duties
(d) Entrenched Provisions
Q.3. Which one of the following Amendments inserted the words “Nothing in Article 13 shall apply to any amendments made under this Article” in Article 368?
(a) Forty-second Amendment Act
(b) Forty-fourth Amendment Act
(c) Twenty-fourth Amendment Act
(d) Twenty-second. Amendment Act
Q.4. The Constitution of India as framed by the Constituent Assembly was finally adopted and enacted on_______________?
(a) 15th August 1947
(b) 30th January 1948
(c) 26th November 1949
(d) 26th January 1950
Q.5. Consider the following statements:
The salient features of the Indian Constitution provide for:
Single citizenship for the whole of Indian
Strictly federal form of government
The unique blend of rigidity and flexibility
Of the above and statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 and 3 are correct
Q.6. The words “Socialism” and “Secular” were inserted in the Preamble by the:
(a) Fifteenth Amendment
(b) Thirty-ninth Amendment
(c) Forty-second Amendment
(d) Forty-fourth Amendment
Q, 7. Which one of the following pairs is correctly matched?
(a) Republic: Head of the State is a hereditary monarch
(b) Sovereign: Constitution rests on the people’s will
(c) Democratic: Constitution does not recognise legal supremacy of another country
(d) Secular: State is without any religion of its own
Q.8. Assertion (A): Speaking on Article 32 in the Constituent Assembly, Dr Ambedkar described the Article as the very soul of the Constitution.
Reason (R): Article 32 provides effective remedies against violation of fundamental rights.
(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.9. Which one of the following pairs is not correctly matched?
(a) Freedom of speech and expression: Include the freedom of the Press
(b) Freedom of conscience Include the right to wear and carry kirpans by Sikhs
(c) Right to personal liberty: Include the right to carry on any trade or business
(d) Right to equality: Include the principle of natural justice
Q.10. In which one of the following cases did the Supreme Court hold that an amendment of the Constitution under Article 368 was ‘Law’ within the meaning of Article 13?
(a) Golaknath vs. the State of Punjab
(b) Sajjan Singh vs. the State of Rajasthan
(c) Shankari Prasad Singh Deo vs. Union of India.
(d) Keshavananda Bharati vs. the State of Kerala
Answers with Explanations
1. Correct Answer: A
Explanation- The doctrine of prospective overruling was first evolved by C.J. Subba Rao in Goluknath v. the State of Rajasthan. In this case, the Supreme Court by a majority of 6 to 5 prospectively overruled its earlier decisions in Slankari Prasad and Sajjan Singh cases and held that no power to take away or abridge the fundamental rights. Hence Option A is correct.
2. Correct Answer: D
Explanation- The following provisions require in addition to the special majority, ratification by not less than 1/2 of the State Legislatures. They are-
Articles, 54 and 55
Articles 73 and 162
Articles 124 and 147, 214 to 231, 241
Articles 245 to 255
Any of the Lists of the VII Schedule,
Representation of States in Parliament IV Schedule Article 368.
Hence Option D is correct.
3. Correct Answer: C
Explanation- The amendment makes it clear that a constitutional amendment is not law within the meaning of Article 13. It was also extended the power of amendment by adding the words, “Parliament may amend by way of addition, variation or repeal any provision of the Constitution. Hence Option C is correct.
4. Correct Answer: C
Explanation- In Indian Constitution the Preamble clearly explains that ‘’We people of India In our Constitution Assembly this twenty-sixth day of November 1949 do hereby adopt, enact and give to over selves this Constitution. Hence Option C is correct.
5. Correct Answer: D
Explanation- These are the following salient features of the Indian Constitution:
The lengthiest Constitution in the world.
Parliamentary Form of Government.
The unique blend of rigidity and flexibility.
Fundamental Rights.
Directive Principles of State Policy.
A Federation with a strong centralising tendency.
Adult Suffrage.
An Independent Judiciary.
A Secular State.
Single Citizenship.
Fundamental Duties.
Hence option D is correct.
6. Correct Answer: C
Explanation- The 42″ Amendment Act. 1976 has inserted three new words in the preamble, i.e., Secularism. Socialism and Integrity. Hence Option C is correct
7. Correct Answer: D
Explanation- The term ‘Republic’ signifies that there shall be an elected head of the State who will be the chief executive head.
The word ‘Sovereign’ means that constitution does not recognise the legal supremacy of another country.
The term ‘democratic’ means ‘A Government established by Constitution which gets its authority from the will of the people.
The term ‘Secularism’ means a State which has the religion of its own as recognised religion of State.
Hence Option D is correct.
8. Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ is the correct explanation of ‘A’. Because a declaration of fundamental rights is indeed meaningless unless there is an effective machinery for the enforcement of the rights. It is the remedy which makes the right real. If there is no remedy there is no right at all, Thus Article 32 provides the remedy for the enforcement of fundamental rights. Hence Option A is correct.
9. Correct Answer: C
Explanation- Right to personal liberty does not include the right to carry on any trade or business but it provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. Right to practise any profession or to carry on a profession, trade or to carry on a profession, trade or business is guaranted by Article 19 (1) (g). Hence Option C is correct.
10. Correct Answer: A
Explanation-In Golaknath v. State of Punjab, the Supreme Court overruled its decisions in the Shankari Prasad v. Union of India and Sajjan Singh v. State of Rajasthan-cases, and held that the word law in Article 13(2), included every branch of law, statutory, Constitutional, etc. And hence, if an amendment to the constitution took away or abridged the fundamental right of the citizen, the amendment would be declared void. Hence Option A is correct.