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Q.1.Assertion (A): The Union Public Service Commission must be consulted as regards the reservation of posts for Backward Classes, Scheduled Castes and Scheduled Tribes.
Reason (R): The functions of the Union Public Service Commission are only advisory and the-Government need not act upon the advice of the Commission in any case.
(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.2.Assertion (A): Laws covered under Article 39 (b) and (c) have been given protective shield against some of the fundamental rights.
Reason (R): The Directive Principles are also regarded relevant for considering what reasonable restriction under Article 19 are.
(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.3.A spate of killing abductions and dacoities severely threatens the law and order in a state. The Governor recommends to the President of India that a breakdown of the Constitutional machinery in the state is imminent. The President proclaims Article 356. The action of the president_________?
(a) cannot be reviewed as the President is the sole judge of his emergency power
(b) cannot be reviewed as the constitution bars the courts from reviewing political actions
(c) can be reviewed as it goes against fundamental rights
(d) can be reviewed as it is malafide
Q.4. The nature of `consultation’ with the Chief Justice of India in matters of appointment of a judge to a High Court is correctly described as__________?
(a) inspection of the file by the Chief Justice
(b) concurrence of the Chief Justice
(c) conformity with the opinion of the Chief Justice
(d) formal reference to the Chief Justice within dineout any obligation to carry out his wishes.
Q.5. Which one of the following pairs is not correctly matched?
(a) Colourable legislation – What cannot be done directly can be done indirectly
(b) Pith and substance – Incidental encroachment on the field of another legislature is permissible
(c) Territorial nexus – Subject of legislation must have a territorial connection with the state
(d) Repugnancy – A situation in which a law made by the Union conflicts with the law made by a state
Q.6. Consider the following statements:
Parliament may make law on a subject enumerated in state list only if the:
1. President deems it proper that such law is necessary for all the stated in India
2. Proclamation of Emergency under Article 352 is in operation
3. Lok Sabha passed a resolution 2/3rd majority of list total membership
4. Governor of the state request the President for such legislation
Of these statements:
(a) 1 and 4 are correct
(b) 2 alone is correct
(c) 3 alone is correct
(d) 3 and 4 are correct
Q.7. Which one of the following proposition is the correct description of the powers of the President of India under Article 356 of the Constitution?
(a) If the Chief Minister despite commanding the confidence of the Legislative Assembly, cannot run his government in accordance with the Constitution, the President can proclaim emergency
(b) If the law and order in a state completely break down the President can proclaim an emergency.
(c) The President can refer the matter to the Supreme Court for advice and act in accordance with such advice
(d) The President cannot make a proclamation on emergency if the governor refuses to make a report
Q.8. The constituent power to Parliament to amend the Constitution:
(a) Includes power to amend by way of addition variation or repeal of the provision of the Constitution.
(b) Is unrestricted by any inherent and implied limitations.
(c) Is not procedurally limited and restricted
(d) Is an extra constituent
Q.9. Match List –I with List-II and select the correct answer from the codes given the Lists:
List- I
A. Basic structure of the Constitution cannot be amended
B. A law made by the legislature to deprive a person of his personal liberty must be just, fair and reasonable
C. Advisory opinion of Supreme Court is also binding on all courts
D. Presidential satisfaction under Article 356 is judicially reviewable to the limited extent
List- II.1.
1. in reference to special courts Bill, 1978
2. Kesavanand Bharati v. the State of Kerala.
3. S.R Bommai v, Union of India
4. Maneka Gandhi v Union of India.
Codes:
A B C D
(a) 2 4 1 3
(b) 2 4 3 1
(c) 1 2 3 4
(d) 1 2 4 3
Q.10. In which one of the following cases has the Supreme Court ruled that the reasons have to be communicated to the legislature by the Government if the advice of a Public Service Commission has not been accepted?
(a) Jai Shankar Prasad v, State of Bihar
(b) Asha Kaul v. State of Jamul and Kashmir
(c) Jagtar Singh v. The Director-General Bureau of Investigation
(d) H. Mukherjee v. Union of India
Answers with Explanations
1.Correct Answer: D
Explanation- ‘A’ is false but ‘R’ is true because the functions of the Public Service Commission are only advisory and the Constitution has no provision to make it obligatory upon the government to act, upon the advice of the Commission in any case. Clause (4) of Article 320 says the commission need not be consulted as regards the reservation of Post for Backward Classes, Scheduled Castes and Scheduled Tribes. Hence Option D is correct.
2.Correct Answer: B
Explanation- Both ‘A ‘ and ‘R’ are true but ‘R’ does not correctly explain ‘A ‘.
The 42nd amendment Act substituted the words “all or any of principles laid down in Part IV” for the words. “the principles specified in clause (b) or (c) of Article 39” in Article 31-C of the Constitution. Because they are vital for the welfare of the people and do not violate Article 14 and 19.
The Directive Principles are relevant to consider what are reasonable restrictions under Article 19. A restriction that promotes any objective embodied in the Directive Principles is usually considered reasonable by courts of law. In State of Bombay v. Balsara, [AIR, 1951, SC 318] gave weight to Article 47. Hence Option B is correct.
3.Correct Answer: D
Explanation- In State of Rajasthan v. Union of India (AIR 1977 SC 1361) it was held that the satisfaction of President can be challenged on two grounds that (I) it has been exercised malaiflde (2) based on wholly extraneous and irrelevant grounds because in that case, it would be no satisfaction of the President. Hence Option D is correct.
4.Correct Answer: B
Explanation- In a historic judgment S.C. Advocate on record v Union of India (1993 4 SCC 441) a nine-judge Bench of the Supreme Court overruled the ‘Judges Transfer Case’. which held that the meaning of the term ‘consultation’ does not mean concurrence and the President is not bound by it. and hold that in the matter of appointment and transfer of judges greatest significance should be attached to the view of the Chief Justice of India. No appointment of a judge of the High Court can be made unless it conforms with the opinion of the Chief Justice of India. Hence Option B is correct.
5.Correct Answer: A
Explanation- The whole doctrine of colourable legislation is based upon the maxim that you cannot do indirectly what you cannot do directly. Colourability is bound up with incompetency and not tainted with bad faith or evil motive. A thing is colourable which in appearance only and not in reality what it purports to be. Hence Option A is correct.
6.Correct Answer: B
Explanation- Parliament may make law on a subject enumerated in the state list in the following circumstances:
(i) Power of Parliament to legislate in the national interest (Article 249)
(ii) During a proclamation of emergency (Article 250)
(iii) Parliament’s power to legislate with the consent of the States (Article 252)
(iv) Parliament’s power to legislate for giving effect to treaties and international agreements (Article 253)
(v) In case of failure of constitutional machinery in a State (Article 256)
7.Correct Answer: A
Explanation- Article 356 says that if the President, on receipt of the report from the Governor of a State or otherwise is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution then may issue a proclamation. Hence Option A is correct.
8.Correct Answer: A
Explanation- Article 368(1) provides that Parliament may in exercise to its constituent power amend by way of addition, variation or repeal any provision of the constitution in accordance with the procedure laid down in this article. Hence option A is correct
9.Correct Answer: A
Explanation- Correct matching will be as follow:
List- I
The basic structure of the Constitution cannot be amended
A law made by the legislature to deprive a person of his personal liberty must be just, fair and reasonable
Advisory opinion of Supreme Court is also binding on all courts
Presidential satisfaction under Article 356 is judicially reviewable to the limited extent
List- II.
Kesavanand Bharati v. the State of Kerala.
Maneka Gandhi v Union of India
in reference to special courts Bill, 1978
S.R Bommai v, Union of India
Hence Option A is correct.
10.Correct Answer: B
Explanation- In Asha v, the State of Jammu anti-Kashmir [(1993) 2 SCC 573] it was held that if the Government wants to disapprove or reject the list submitted by the Public Service Commission It ought to do so within a reasonable time of the receipt of the list and for reasons to be recorded and the Government cannot accept a part of the fist and reject the rest. Hence Option is B correct.