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Q.1. The Constitution of India is federal in character because:
(a) The Head of the State (the President) is elected by an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of the States
(b) The Governors of States are appointed by the President and they hold office during the pleasure of the President
(c) There is distribution of power between the Union and the States
(d) The amendment of the Constitution can be made only by following the procedure laid down in the Constitution and some cases, the amendment requires ratification by Legislatures of the States
Q.2. Consider the following judgements delivered by the Supreme Court of India in:
1.Keshvananda Bharati v. State of Kerala
2. Re Berubari
3. Excel Wear v. Union of India
The correct chronological sequence of the above judgements is:
(a) 1, 3, 2
(b) 1, 2, 3
(c) 3, 1, 2
(d) 2, 1, 3
Q. 3. After which one of the following Supreme Court decision was the special provision for socially and educationally backward classes introduced by an amendment of the Constitution?
(a) Balaji v. State of Mysore
(b) State of Madras v. Champakan Dorairajan
(c) Devadasan v. Union of India
(d) Periakaruppan v. State of Tamil Nadu.
Q. 4 An Electricity Board terminated the Services of certain employees arbitrarily without giving notice. Which one of the following alternative remedies can be best adopted by the concerned employees?
(a) The employees can move the High Court by a writ as Electricity Board is included within the definition of State.
(b) The employees can appeal to the State Government.
(c) The employees can move to the High Court after getting the permission of the Electricity Board only.
(d) The employees can directly approach the Supreme Court for violation of a fundamental right
Q. 5. Which one of the following is NOT ‘State’ for the purpose of Article 12 of the Constitution?
(a) National Council of Educational Research and Training (NCERT)
(b) A nationalised bank
(c) Institute of Medical Education and Research Chandigarh
(d) Grih Kalyan Kendra
Q. 6. Under the Indian Constitution, which one of the following is NOT a specific ground on which the State can place restrictions on freedom of religion?
(a) Public order (b) Morality
(c) Social Justice (d) Health
Q.7. Which of the following statements are true concerning the Fundamental Right of the minorities in educational matters?
1. The minority has only the right to administer educational institutions.
2. The minority has the right to establish and administer educational institutions.
3. The right is absolute and not subject to any restriction.
4. Reasonable restrictions may be imposed to promote efficiency and prevent maladministration.
Select the correct answer using the codes given below Codes:
(a) 1, 2 and 3 (b) 2 and 4
(c) 2, 3 and 4 (d) 1 and 3
Q. 8. Arrange the following decisions of the Supreme Court on Fundamental Right relating to personal liberty in the correct chronological sequence:
1. Menka Gandhi v. Union of India
2. A.D.M. Jabalpur v. Shiva Kant Shukla
3. A.K. Gopalan v. State of Madras
Select the correct answer using the codes giver below:
Codes:
(a) 3, 2, 1 (b) 2, 1 , 3
(c) 2, 3, 1 (d) 1, 2, 3
Q.9. Fundamental duties have been added in the Constitution by the 42nd Amendment Act, 1976 in accordance with the recommendations of:
(a) Santhannam Committee
(b) Sarkaria Committee
(c) Swaran Singh Committee
(d) Indira Gandhi-Nehru Committee
Q.10. “Provisions relating to fundamental duties cannot be enforced by writs. They can be only promoted by constitutional methods. But they can be used for interpreting ambiguous statutes.”
In which one of the following cases was the aforesaid principle enunciated?
(a) Moti Lal v. State of U.P.
(b) Civil Rights Committee v. Union of India
(c) Head Masters v. Union of India
(d) Magan Bhai v. Union of India
1. Correct Answer: C
Explanation- The distribution of powers is an essential feature of federalism. Federalism means the distribution of the powers of the state among several co-ordinate bodies each originating in and controlled by the Constitution. Thus, the Indian Constitution is federal in character because there is a distribution of power between the Union and States. Hence Option C is correct
2. Correct Answer: D
Explanation- First of all in Re Berubari case the Supreme Court held that the preamble was not a part of the constitution. In Keshavanand Bharti’s case, the Supreme Court rejected the above view and held the preamble is the part of the Constitution. In Excel Wear v. Union of India, the Supreme Court consider the effect of the word “socialist” in the preamble. Hence Option D is correct
3. Correct Answer: B
Explanation- Article 15 [4] was added by the Constitution (1st Amendment) Act, 1951, as a result of the decision in State of Madras V. Champakam Darirajan, (AIR 1951, SC, 226) Under this clause, the state is empowered to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes. Hence Option B is correct.
4. Correct Answer: A
Explanation:- In Electricity Board, Rajasthan v. Mohan Lal, (AIR, 1967, SC, 18571 the Supreme Court held that it is not necessary that the statutory authority should be engaged in performing a governmental or sovereign function. Thus, an electricity board comes under the definition of State. Hence Option A is correct.
5. Correct Answer: A
Explanation- The court in Chandra Mohan Khanna V. NCERT (AIR, 1992, SC76,) has held that the National Council of Educational Research and training, is not a State within the meaning of Article 12 of the Constitution. It is a society registered under the Societies Registration Act. The object of the NCERT is to assist and advise the Ministry of Education and Social Welfare in the implementation of the governmental policies and major programmes in the field of education particularly school education. These activities are not wholly related to governmental functions. The Governmental control is confined only to the proper utilization of the grant. It is an autonomous body. Hence Option A is correct
6. Correct Answer: C
Explanation- According to Article 25 Religious Liberty is subject to public order. morality and health. In the name of religion, no act can be done against public order, morality and health of the public. Hence Option C is correct.
7. Correct Answer: B
Explanation- Article 30 (1) guarantees to all linguistic and religious minorities the right to ‘establish’ and `administer educational institutions of their own choice. The right conferred on the religious and linguistic minorities to administer educational institution of their choice is not an absolute right. This right is not free from regulation. The right to administer is not the right It maladministration. The Right to administer implies correlative duty to good administration. Thus reasonable restrictions may be imposed to promote efficiency and prevent maladministration. Hence Option B is correct.
8. Correct Answer: A
Explanation- A.K.Gopalan v. State of Madras (1950, SC 27) The meaning of the words “personal liberty ” came up for consideration of the Supreme Court for the first time I. the case. A.D.M. Jabalpur v. S. Shukla (AIR, 1976, SC 1207 Popularly known as the habeas corpus case, it was held that Article 21 was the sole repository of the right to life and personal liberty and if the right to move any court the enforcement of that right was suspended by the Presidential Order under Art. 359 the detenue had no locus stanch to file a writ petition for challenging the legality of their detention. Maneka Gandhi V. Union of India: [Air, 1978/ SC 597. The Supreme Court has overruled the Gopalan’s case and has widened the scope of the words ‘person liberty’. Hence Option A is correct.
9. Correct Answer: C
Explanation- The 42nd Amendment inserted two new parts IV-A and XIV-A and Nine Articles: 39-A, 43-A, 48-A, 131-C, 114-C, 226-A, 228-A and 257-A and also amended 5 articles of the Constitution. This is also called the mini-constitution. Hence Option C is correct.
10. Correct Answer: C
Explanation- In Head Masters v. Union of India [A1R 1983 Cal, 448] it was held that Provisions as to fundamental duties cannot be enforced by writs. They can be promoted only by constitutional methods. But they can be used for interpreting ambiguous statutes. Hence Option C is correct.