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Q.1. The State of J & K enjoys a special status under Art, 370 of the Constitution, But under Art. 370 (3) the President may declare that Art, 370 shall cease to be operative. Consider the following statements in this regard, This power of the President is subject to______?
1. Public notification
2. Recommendation of Parliament
3. Advice of the Union Council of Ministers
4. Recommendation of the Constituent Assembly of J &K
Of these statements:
(a) 1 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 4 are correct
(d) 1 and 4 are correct
Q.2. Which one of the following is the mandatory minimum requirement for functional federation?
(a) States should be represented in the Upper House of the National Legislature
(b) Judicial Review
(c) Distribution of legislative and administrative power between the two sets of governments. National and State to ensure the independent but co-ordinated exercise of powers of the governments
(d) Distribution of legislative and administrative powers between the two sets of governments National and State, to ensure the independent but co-ordinated exercise of powers of the governments
Q.3. The preamble to the Indian constitution is___________________?
(a) not a part of the Constitution
(b) a part of the Constitution but in neither confers any power nor imposes any duties nor can it be of any use in interpreting other provisions of the Constitution
(c) a part of the Constitution and can be of use in interpreting other provisions of the Constitution in cases of ambiguity
(d) a part of the Constitution and it confers powers and imposes duties as any other provisions of the Constitution.
Q.4. It has been observed by the Supreme Court of India that the world ‘socialist’ in the preamble enables the court to lean more and more in favour of nationalization and state ownership of industry in __________?
(a) Kesavanand Bharati v. the State of Kerala
(b) Excelwear v. Union of India
(c) A.B.S.K Sangh (Railway) v. Union of India
(d) Minerva Mills Ltd. v. Union of India
Q.5. Which one of the following a correct statement?
(a) Primacy is not given to all the directive principles contained in Part IV of the Constitution over fundamental rights
(b) Primacy is given to all the fundamental right, conferred by Art. 14-32 of the Constitution over directive principles
(c) Primacy is given to all the fundamental right, conferred by Part III or the Constitution over directive principles
(d) Primacy is given only to directive principles clauses (b) and (c) of Article 39 over fundamental rights conferred by Articles 14 and 19 of the Constitution
Q.6. As far as the Armed Forces, are concerned Fundamental Rights granted under Articles 14 and of Constitution are__________?
(a) not available at all
(b) available to the Armed Forces but not to other forces
(c) available only at the discretion of the Chief of Army staff
(d) available only according to the law made Parliament
Q.7. Which one of the following statements is correct concerning state power of reservation in admissions educational institutions?
(a) Caste can be the sole criterion
(b) Poverty can be the sole criterion
(c) Both caste and poverty are relevant criteria
(d) Residence in rural areas and lack of education facilities can be the exclusive criteria
Q.8. The observation that Art. 30 (1) is not a charter of mal administration was made in the case of______________?
(a) Saifuddin v. the State of Bombay
(b) Maneka Gandhi v. Union of India
(c) Ahmedabad St. Xaviers College Society v. the State of Gujrat
(d) Mittal v. Union of India
Q.9. Match List-I with List-II and select the correct answer from the code given below the Lists:
List-I List-II
(A) A.D.M Jabalpur v. Shukla 1. Bearer Bonds case
(B) M.S.M Sharma v S.K Sinha. 2. Heabeas Corpus case
(C) R.C. Cooper v. Union of India 3. Bank Nationalization case
(D) R.K. Garg v. Union of India 4. Searchlight case
Codes:
A B C D
(a) 2 1 4 3
(b) 4 2 1 3
(c) 2 4 1 3
(d) 2 4 3 1
Q.10. Under the Constitution “Doctrine of Eclipse “applies____________?
(a) only to the Pre-constitution
(b) to the post-constitutional law but only in respect of non-citizen.
(c) to the post-constitutional law in respect of citizens only.
(d) to all laws pre-constitutional post-constitutional.
Answers with Explanations
1.Correct Answer: D
Explanation- Article 370 (3) lays down the power to abolish the operation of Article 370. Article 370 (3) provides that notwithstanding anything in the foregoing provisions of this article, the President may by public notification declare that article shall cease to be operative. But the President cannot issue such notification without the recommendation of the Constituent Assembly of the State. Hence Option D is correct.
2.Correct Answer: D
Explanation- Distribution of power is an essential feature of federalism. Federalism means the distribution of powers of the State among several co-ordinate bodies each originating in and controlled by the Constitution. The basis of such distribution of powers is that in the matter of national importance, in which a uniform policy is desirable in the interest of the units, authority is entrusted to the union and matters of local concern remain with the States. Hence Option D is correct.
3.Correct Answer: C
Explanation- In Keshavanda Bharati v. the State of Kerala (AIR, 1973 SC, 1461) the Supreme Court rejected the above view and held that the preamble is part of the Constitution. The preamble serves the following purposes:
(a) it indicated the source from which the Constitution comes, viz. the people of India
(b) It contains the enacting clause which brings into force the Constitution
(c) it declares the great rights and freedoms which the people of India intended to secure all citizens and the basic type of government and polity which was to be established. Hence Option C is correct.
4.Correct Answer: B
Explanation- In Excel Wear v Union of India’ the Supreme Court considered the effect of the world ‘socialist’ in the preamble. The Court held that the addition of the word `socialist’ might enable the courts to lean more in favour of nationalisation and State ownership of industry. Hence Option B is correct.
5.Correct Answer: D
Explanation- Article 31-C provides that no law which is intended to give effect to the directive principles contained in Article 39 (b) and (c) shall be deemed to be void on the ground that it is inconsistent with, or takes away abridges any of the rights conferred by Article 14 or and no law containing a declaration that it is forgiven effect to such policy shall be called in question in court on the ground that it does not give effect to state policy. Hence Option D is correct.
6.Correct Answer: D
Explanation- Article 33 is an exception to the fundamental right, conferred by Part III of the Constitution. This Article empowers the Parliament to restrict or obrogate by fundamental rights in the application to the members Armed Forces. The power under Article 33 is only exercisable Parliament and not by State Legislatures. Hence Option D is correct.
7.Correct Answer: A
Explanation- Under Article 15 clause (4) the State is empowered to make special provision for the advancement of a socially and educationally backward classes of citizen or for the Scheduled Castes and Scheduled Tribes, In A. Perlakaruppan v. State of Tamil Nadu (AIR 19 SC 2303) the Supreme Court held that classification backward classes on basis of castes is well within the purview of Article 15 (4) provided those castes are shown to be socially and educationally backwards. Hence Option A is correct.
8.Correct Answer: C
Explanation- In St. Xaviers College v. the State of Gujrat (AIR 1974 SC 1389) it was held that the right conferred on the religious and linguistic minorities to administer educational institutions of their choice is not an absolute right. This right is not free from regulation. Just as regulatory measures are necessary for maintaining the educational character and content of minority institutions similarly regulatory measures and necessary for ensuring orderly, efficient and sound administration, The right to administer is not the right to maladministration. The right to administer implies a correlative duty to good administration. Hence Option C is correct.
9.Correct Answer: D
Explanation-
List-I List-II D.
(A) A.D.M Jabalpur v. Shukla 2. Habeas Corpus case
(B) M.S.M Sharma v. S.K Sinha 4. Searchlight case
(C) R.C. Cooper v. Union of India 3. Bank Nationalization case
(D) R.K. Garg v. Union of India 1. Bearer Bonds case
Hence Option D is correct.
10.Correct Answer: D
Explanation- In State of Gujrat v, Ambica Mills (AIR, 1974 SC 1300) the Supreme Court held that a Post-Constitutional Law that is Inconsistent with fundamental rights is not nullity or non-existent in all cases and for all purposes. A Post-Constitutional Law which takes away or abridges the rights conferred by Article 19 will be operative as regards to non-citizens because fundamental rights are not available to non-citizens But in Dulare Lodh v. III Additional District Judge Kanpur, the Supreme Court applied the Doctrine of Eclipse to post-constitutional law even against citizens. Hence Option D is correct.