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Q.1. The President of India has the power to declare an emergency under Article 352 on which of the following grounds?
(1) War
(2) Internal disturbance
(3) External aggression
(4) Armed rebellions Select the correct answer using the codes given below :
Codes:
(a) 1, 2 and 3 (b) 1, 3 and 4
(c) 1, 2 and 4 (d) 2, 3 and 4
Q.2. On the proclamation of emergency under Article 352 (1) the Fundamental Rights guaranteed in Article 19 become automatically suspended by virtue of Article 359 (1) suspend :
(a) all or any of the Fundamental Rights as may be specified in his order
(b) the enforcement of all or any of the Fundamental Rights specified in his order
(c) the enforcement bf all or any of the Fundamental Rights (Except Article 20 and 21) as may be specified in his order
(d) the enforcement of all or any of the fundamental
Q.3. Assertion (A): Article 301 of the Constitution declares trade, commerce and intercourse throughout the territory of India free.
Reason (R): The state can impose taxes that do not directly affect the freedom of trade.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.4. Assertion (A): The President of India can issue a proclamation of emergency under Article 352 (1) on the advice of the Prime Minister.
Reason (R): Where a proclamation of emergency is in operation the President may suspend the operation of all the fundamental rights except Articles 20 and 21.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.5. The law declared by the Supreme Court is binding on all the courts within the territory of India, but the Supreme Court is not bound by its own decisions, was decided by the Supreme Court itself in:
(a) Kesavanand Bharathi v. State of Kerala
(b) Indira Nehru Gandhi v. Rajnarain
(c) Madhav Rao Scindia v. Union of India
(d) Bengal Immunity Co. Ltd. v. State of Bihar
Q.6. Consider the following statements: Directive Principles of state policy are:
1.not amendable
2.not enforceable by any court
3.Fundamental to the governance of the country which of the above statement are correct?
(a) 1 and 2 (b) 1 and 3
(c) 2 and 3 (d) 1, 2 and 3
Q.7. Consider the following statement: An accused person can be compelled to:
1. Give his finger-Prints
2. Give evidence against himself
3. Participate in the identification parade
Which of the above statements are correct?
(a) 1, 2 and 3 (b) 2 and 3
(c) 1 and 2 (d) 1 and 3
Q.8. Autre fois Acquit principle is related to:
(a) Self-incrimination
(b) Ex post facto law
(c) Retrospective operation
(d) Double jeopardy
Q.9. Which one of the following statements refers to the epistolary jurisdiction of the Supreme Court?
(a) Original jurisdiction of the Supreme Court under Art. 131
(b) Taking cognizance of public interest litigation matters through letters addressed to the Court
(c) Enforcement of decrees and orders of
(d) Supreme Court under Art. 142
Q.10. On which one of the following freedoms can reasonable restrictions be imposed on the ground of the security of the state?
(a) Speech and expression
(b) Peaceful assembly
(c) Association or union
(d) Movement
Answers with Explanations
1.Correct Answer: B
Explanation- Under Article 352 President can proclaim an emergency if he is satisfied that the security of India or any part thereof is threatened either by war or external aggression or armed rebellion. The 44th amendment has substituted the words “armed rebellion” for the words “internal disturbance”. Hence B is the correct answer.
2.Correct Answer: C
Explanation- Under Article 359 the President does not have the power to suspend the enforcement of the fundamental rights guaranteed in Articles 20 and 21 of the Constitution. Hence Option is c correct.
3.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ also explains ‘A’. Because:
Article 301 of the Constitution of India declares the trade, commerce and intercourse throughout the territory of India shall be free. But Constitution itself lays down restrictions on Article 301, contained in Articles 302 to 305. Hence Option A is correct.
4.Correct Answer: D
Explanation- ‘A ‘ is false but ‘R’ is true because under clause (I) of Article 352 emergency can he declared only on the concurrence of the cabinet, and not merely on the advice of the Prime Minister, Under Article 359 the President does not have a power to suspend the enforcement of fundamental rights guaranteed in Art. 20 and 21 of the Constitution. Hence Option D is correct.
5.Correct Answer: D
Explanation- In Bengal Immunity Co. v. State of Bihar, AIR 1955 SC 661 that court held the nothing in Indian Constitution prevents the Supreme Court departing from its previous decision if it is convinced of its error and its beneficial effect on the general interest of public. The court also laid down the guidelines for overruling its earlier decisions. The expression “all court within the territory of India” in Article 141 clearly means court other than Supreme Court. Thus, the Supreme Court is not bound by its own decisions and may in proper case reverse its previous decisions. Hence Option D is correct.
6.Correct Answer: C
Explanation- Article 37 provides that provisions contained in Part IV, of the Constitution, shall not be enforceable by any court; but the principles therein laid down are nevertheless fundamental is the governance of the country and it shall he the duty of the state to apply these principles in making laws. Hence Option C is correct.
7.Correct Answer: D
Explanation- Clause (3) of Article 20 provides that no person accused of any offence shall be compelled to be a witness against himself.
There must be the following fulfilments to apply this Article:
(i) It is a right pertaining to a person who is accused of an offence.
(ii) It is a protection against compulsion to be a witness.
(iii) It is a protection against such compulsion relating to his giving evidence “against himself’. Hence Option D is correct.
8.Correct Answer: D
Explanation- Autre Fois Acquit means formerly acquitted This principle is related to double jeopardy. The previous acquittal and conviction both may be pleaded by the accused as a bar to the subsequent trial. Hence Option D is correct.
9.Correct Answer: B
Explanation- In the Judges Transfer Case Bhagwati J, stated the rule that Supreme Court will readily respond to a letter addressed by such individual acting pro bona publico. Hence option B is correct.
10.Correct Answer: A
Explanation- Clause (2) of Article 19 contains the ground on which restrictions on the freedom of speech and expression can be imposed :
(i) Security of the state,
(ii) Friendly relations with foreign states.
(iii) Public order.
(iv) Decency of Morality.
(v) Contempt of court.
(vi) Defamation.
(vii) Incitement of an offence.
(viii) Sovereignty and integrity of India.
Hence Option A is correct.