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Q.1. “Democracy and federalism are essential features of our Constitution and are part of its basic structure.” This observation was made in S.R. Bommai’s case by_____________?
(a) Justice A.M. Ahmadi
(b) Justice J.S. Verma
(c) Justice P.B. Sawant
(d) Justice S.R. Pandian
Q.2.The structure of the Indian Constitution is___________?
(a) Federal in form and unitary in spirit
(b) Unitary
(c) Unitary in form and federal in spirit
(d) Pure federal
Q.3. A part of the Preamble of the Constitution reads as under:
“We the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic” Certain words in the above part were inserted by_______?
(a) The Constitution (Seventh Amendment) Act, 1956
(b) The Constitution (Eighteenth Amendment) Act, 1966
(c) The Constitution (Thirty-fifth Amendment) Act, 1974
(d) The Constitution (Forty-second Amendment) Act, 1976
Q.4. The text of the Preamble of the Constitution of India aims to secure_________?
(a) Fundamental rights to all individuals
(b) Fundamental duties to citizens of India
(c) Dignity of the individual and unity and integrity of the nation
(d) Security of service to Government servant
Q.5. ‘Directive Principles of State Policy are the conscience of the Constitution which embody the social philosophy of the Constitution” was describe by__________?
(a) Granville Austin
(b) A. V. Dicey
(c) Dr, B.R. Ambedkar
(d) K.C. Wheare
Q.6. “Right to Life” does not include “right to die”. It has been held in a case of ________?
(a) R. Rathinam vs. Union of India
(b) State vs. Sanjay Kumar Bhatia
(c) Chenna Jagadeshwar vs. State of Andhra Pradesh
(d) Smt. Gian Kaur vs. the State of Punjab
Q.7. It has been held by the Supreme Court that appointment of the candidates in excess of the notified vacancies a denial and deprivation of the fundamental right under Article 14 read with Article 16 (1) of the constitution in ___________?
(a) Kerala Public Service Commission vs. D Kanjamma Alex
(b) Ashok Kumar vs. Chairman, Banking Service Recruitment Board
(c) State of Karnataka vs. A.B. Ongole
(d) M.D. Kasekar vs. Vishwanath Pandu Barde
Q.8. Assertion (A): The rulemaking power of the Supreme Court is not subject to any law made by the Parliament of India.
Reason (R): Only an impartial and independent judiciary can protect the rights of the individual without fear or favour.
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true and (R) is not a correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true
Q.9. Assertion (A): In federalism, there is a division of powers between the Centre and the States.
Reason (R): The legislation is not invalid merely because it incidentally encroaches on the matter which has been assigned to another legislature.
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true and (R) is not a correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true
Q.10. Assertion (A): By amendment, Parliament cannot destroy the basic features of the Constitution.
Reason (R): The power to amend does not include the power to abrogate the Constitution.
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true and (R) is not a correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true
Answers with Explanations
1.Correct Answer: C
Explanation- In S.R. Bommai v. Union of India [AIR, 1990 Kant, 5] it was held that Secularism and Federalism is the basic structure of the Constitution. Hence Option is C correct.
2.Correct Answer: A
Explanation- The most remarkable feature of the Indian Constitution is that being a federal constitution it acquires a unitary character during the time of emergency. During the proclamation of emergency, the normal distribution of powers between the Centre undergoes a vital change. Thus, during the proclamation of emergency, all powers are centralised in the Union Government and Constitution acquires a unitary character. This combination of a federal and unitary system is the unique feature of the Indian Constitution. Hence Option A is correct.
3.Correct Answer: D
Explanation- The 42nd Amendment Act, 1976 has inserted three new words in the Preamble, i.e., Secularism, Socialism and Integrity. These concepts were already implicit in the Constitution. The amendment merely spells out clearly these concepts in the Preamble. Hence Option D is correct.
4.Correct Answer: C
Explanation- “Liberty, Equality and Fraternity” which the constitution seeks to secure for the people of India are to serve the primary objective of ensuring social, economic and political justice. Justice is the harmonious blending of the selfish nature of man and the goods of society. The attainment of the collective goods as distinguished from individual good is the main aim of rendering justice. Hence Option C is correct.
5.Correct Answer: A
Explanation- Granville Austin in Cornerstone of a Nation (Indian Constitution) by Granville Austin pg. 75, has described, the fundamental rights and directive principles as the conscience of our constitution. Thus, there is no antithesis between the Fundamental Rights and Directive Principles. They are meant to supplement one another. Hence Option A is correct.
6.Correct Answer: D
Explanation- In Gian Kaur V. State of Punjab a five Judge Constitution Bench of the Supreme Court has overruled the P. Rathinams’s case and held that right to life under Article 21 of the Constitution, does not include “right to die” or “right to be killed”.
The right to die is inherently inconsistent with the right to life as is “death with life”.
Hence Option D is correct.
7.Correct Answer: B
Explanation- In Ashok Kumar Vs. Chairman. Banking Service. Recruitment Board, the Supreme Court held the appointment of the candidates in excess of the notified vacancies is a denial and deprivation of the fundamental rights under article 14 read with Article 16 (1) of the constitution.
Hence Option B is correct.
8.Correct Answer: D
Explanation- ‘A’ is not correct because Article 145 provides that subject to the provisions of any law made by parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practise and procedure of the court including some others specified in the Article.
‘R’ is true because the very existence of a right depends upon the remedy for its enforcement unless there is a remedy, there is no right. For this purpose, an independent and impartial judiciary should be established. Hence Option D is correct.
9.Correct Answer: B
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ is not a correct explanation of ‘A’. Because 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. ‘R’ is also correct but does not correctly explain ‘A’. Because it is not an essential feature of federalism. Hence Option B is correct.
10.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’. Because Article 368 does not confer power to amend the constitution to damage or destroy the essential elements or basic features of the Constitution. Though there is no implied limitation on the amending power but the power to amend does not include the power to abrogate the basic structure or framework of the Constitution. Hence Option A is correct.