INDIAN CONSTITUTION MCQ 2

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1. Who among the following holds his/her office at the pleasure of the President?

(a)    Chairman of the Union Public Service Commission

(b)   Attorney General of India

(c)    Speaker of the Lok Sabha

(d)   Comptroller and Auditor General of India

 

2. In the event of the occurrence of vacancies in the offices of both, the President and the Vice-President of India, who among the following shall discharge the functions of the President till a new President is elected?

(a)    Speaker of the Lok Sabha

(b)   Leader of the majority party in the Lok Sabha

(c)    Chief Justice of India

(d)   Senior-most Governor

 

3. The executive power of the Union is vested in the_______________?

(a)    Union Cabinet

(b)   President of India

(c)    Prime Minister

(d)   Union Council of Ministers

 

4. Who among the following can establish additional courts for better administration of any existing law with respect to a matter concerned in the Union List?

(a)    Chief Justice of India

(b)   High Court of the concerned State

(c)    Parliament

(d)   Concerned State Legislature

 

5. Consider the following statements:
A member of the Union Public Service Commission :

1. Debarred from re-appointment as a member
2. Ineligible for any other employment under the Central or State Government
3. Disqualified from becoming a constitution functionary like a Governor

Of the above statements:

(a)   1, 2 and 3 are correct                               (b)   2 and 3 are correct

(c)   1 and 3 are correct                                      (d)   1 and 2 are correct

 

6. The Supreme Court invalidated Section 55 of the Forty-Second Amendment Act, which enlarged the scope of Article 368 to amend Fundamental Right on the ground that the________________?

(a)    Requisite number of State had not ratified the amendment

(b)   Amendment has been enacted during the emergency

(c)    Amendment abrogated a basic feature of the Constitution

(d)   Rajya Sabha had not passed the amendment with the prescribed majority

 

7. In State of Rajasthan v, Union of India (1977) the Supreme Court decided that_____________?

(a)    Power of Union executive under Article 353 extend over the State executive without any limit

(b)   Article 355 given absolute discretion to Union executive over State matter

(c)    The discretion of the President under Article 356 is subjective unless malafide is proved

(d)   Union Parliament and State Legislatures have concurrent power of making laws under Article 357

 

8. Disputes between States in India come to the Supreme Court under_____________?

(a)    Appellate jurisdiction

(b)   Original jurisdiction

(c)    Advisory jurisdiction

(d)   None of the above

 

9. What is the correct chronological sequence of the following advisory opinions given by the Supreme Court under Article 143 of the Constitution of India?

1. In re Delhi Laws Act case
2. In re Berubari case
3. In re the Sea Customs Act
4. The Special Court Reference case

Select the correct answer using the codes given below Codes:

(a) 1, 2, 3, 4

(c) 2, 3, 4, 1

 

10. It is inappropriate for a petitioner in Public interest litigation to____________?

(a)    Write to any single Judge of the Supreme Court

(b)   Act pro bono publico

(c)    Withdraw proceedings as of right and further to claim that they shall not be continued

(d)   Ask for a direction for new legislation

 

 

 

 

1. Correct Answer: B

Explanation- Ankle 76 clause [4] provides that the Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. Hence Option B is correct.

 

2. Correct Answer: C

Explanation- President’s Succession Act, 1969 provides that if the Vice-President is not available to discharge the functions of the President after vacancy occurs in the office of President, the Chief Justice of India and the Senior-most Judge of the Supreme Court available will be in the line of succession to discharge the functions of the President. Hence Option C is correct.

 

3. Correct Answer: B

Explanation- Article 53 provides that executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. Hence Option B is correct.

 

4. Correct Answer: C

Explanation- Parliament of India is empowered to establish additional courts for better administration of any existing law with matter to concerned in Union List. Hence Option C is correct.

 

5. Correct Answer: A

Explanation- According to section 319 (c), a member other than the Chairman of the Union Public Service Commission shall be eligible for re-appoint as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission but not for any other employment either under the Government of India or under the Government of State. Hence Option A is correct.

 

6. Correct Answer: C

Explanation- In Minerva Mills v. Union of India [AIR,1980, SC1987] the Supreme Court struck down clauses (4) and (5) of Article 368 inserted by the 42″ Amendment, on the ground that these clauses destroyed the essential feature of the basic structure of the Constitution. Limited amending power is a basic structure of the Constitution. Since these clauses removed all limitations on the amending power and thereby conferred an unlimited amending power, it was destructive of the basic feature of the Constitution. Hence Option C is correct.

 

7. Correct Answer: C

Explanation- In this case, it was held that the satisfaction of the President under Article 356 (1), can be challenged on two grounds that (1) it has been exercised malafides (2) based on wholly extraneous and irrelevant grounds because in that case, it would be no satisfaction of the President. Hence Option C is correct.

 

8. Correct Answer: B

Explanation- Article 131 provides that the Supreme Court has original jurisdiction in any dispute:
(a)          Between the Government of India and one or more States,
(b)          Between the Government of India and any State or States on one side and one or more other States on the other.
(c)           Between two or more States. Hence Option B is correct.

 

9. Correct Answer: A

Explanation- The president has made the following reference to the Supreme Court under Article 143: Re Delhi Laws Act, Case [1951], the court considered the validity of the Act with regard to delegated legislation. Re Berubari. [1960]; opinion of the court was sought to find out the manner in which the territory of India could be transferred to Pakistan. Re, Sea Custom Act, [1962]; to consider the validity of the Sea Custom Bill with reference to Article 288 of the Constitution. Special Court Reference Case, [1978]; to consideration the extent of the privileges of the legislature and power of the judicial reviews in relation to it. Hence Option A is correct.

 

10. Correct Answer: C

Explanation- To withdraw proceeding as of right. and further to claim that they shall not be continued is inappropriate for a petitioner in Public Interest Litigation. Hence Option C is correct.