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Q.1. Match List-I with List-II and select the correct answer from the codes given below the lists:
List-I List-II
A.Right to go abroad 1. Bhim Singh’s case
B.Prisoner’s right 2. Maneka Gandhi’s case
C.Death penalty 3. Bachan Singh’s case
D.Government liability 4. Sunil Batra’s case
Codes :
A B C D
(a) 2 4 1 3
(b) 4 2 3 1
(c) 2 4 3 1
(d) 4 2 1 3
Q.2. In which one of the following cases did the Supreme Court rule that the principle of sovereign immunity will not apply to a proceeding for award of compensation for violation of fundamental rights?
(a) Bhim Singh v. State of Punjab
(b) Kasturi Lal v. State of U.P
(c) Rudl Shah v. State of Bihar
(d) Nilavati Behera v. State of Orissa
Q.3. Which one of the following is a fundamental duty of every citizen of India?
(a) To be truthful to one’s duties
(b) To renounce practices derogatory to the dignity of children
(c) To renounce practices derogatory to the dignity of human beings
(d) To renounce practices derogatory to the dignity of women
Q.4. The Vice-President of India may be removed from his office by:
(a) Impeachment
(b) A resolution passed by Lok Sabha and Rajya Sabha with a two-thirds majority
(c) A resolution passed with a two-thirds majority in a joint session of Parliament
(d) A resolution passed by Rajya Sabha with simple majority and agreed to by a majority members of Lok Sabha
Q.5. The power of the President of India to issue an ordinance is a / an:
(a) Executive power (b) Legislative power
(c) Constituent power (d) Quasi-judicial power
Q.6. Election of ‘X’ to State Legislative Assembly was set aside by the Election Tribunal under Sec 123 of the Representation of the People’s Act, 1951. There is no approached under Art. 136. In such a situation which one of the following is correct?
(a) Order of the Tribunal is final as there is no provision for appeal against its order
(b) Supreme Court has unfettered powers to entertain any appeal from any court of Tribunal under Art. 136
(c) Law does not empower Supreme Court to interfere in election matters
(d) Only State Legislature is competent to overrule the Tribunal
Q.7. In which one of the following case (s) has the Supreme Court held that primacy should be given to the opinion of Chief Justice of India over the opinion of other constitutional functionaries in the matter or appointment of High Court and Supreme Court judges ?
(a) Supreme Court Advocates on Record Association v. Union of India
(b) Transfer of Judges case
(c) Special Courts Bill case
(d) Kesavananda Bharati case
Q.8. Consider the following statements:
1. Supreme Court’s power to issue writs is narrower than that of the High Court
2.A citizen is free to approach High Court or Supreme Court’s as he choose, whenever his fundamental rights are violated
3.The law declared by the Supreme Court is binding on all courts throughout India
Which of the above statements (s) is/are correct?
(a) 1 alone (b) 1 and 2
(c) I, 2 and 3 (d) 2 and 3
Q.9. “What cannot be done directly cannot be done indirectly”. This statement relates to the doctrine of:
(a) Pith and substance (b) Impled power
(c) Ancillary power (d) Colourable legislation
Q.10. Proclamation of Emergency under Art. 352, when Lok Sobha stands dissolved has to be approved by:
(a) Rajya Sabha and then it will continue till the reconstitution of new Lok Sabha, which must approve it within 30 days of its first sitting
(B) New Lok Sabha within six months of its Constitution
(c) Lok Sabha in the net session after six. months.
(d) Rajya Sabha only
Answers with Explanations
1.Correct Answer: C
Explanation-
List-I List-II
A.Right to go abroad 2. Maneka Gandhi ‘s case
B.Prisoner’s rights 4. Sunil Batra’s case
C.Death penalty 3. Bachan Singh’s case
D.Government’s liability 1. Bhim Singh’s case
Hence option C is correct.
2.Correct Answer: C
Explanation- In a judgement of far-reaching importance in Rudl Shah v. State of Bihar (1983) 4 SCC 141. the Supreme Court has held that the court has the power to award monetary compensation in appropriate cases where there has been a violation of the constitutional rights of citizens. Similarly in Bhim Singh v. State of J & K, the Court awarded the sum of Rs 50000 to the petitioner as compensation for the violation of his constitutional right of personal liberty under Art. 21 of the Constitution. Hence Option C is correct.
3.Correct Answer: D
Explanation- The new part IV A which consists of only one Article S1 A was added to the constitution by 42nd Amendment Act 1976. This Article for the first time specifies a code of ten fundamental duties for citizens Article 51 A, clause (e) says that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to renounce practices derogatory to the dignity of women. Hence Option D is correct.
4.Correct Answer: D
Explanation- Article 67 provides that Vice-President may be removed by a resolution of the Rajya Sabha passed by a majority of all the members of the Houses and agreed to by a majority of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ notice of the intention to move the resolution. Hence Option D is correct.
5.Correct Answer: B
Explanation- The most important legislative power of the President Is his ordinance-making power. If at any time, when both Houses of Parliament are not in session and the President is satisfied that circumstances exist which render It necessary for him to take immediate action, he may issue such ordinance as the circumstances appear to him to require. The ordinances issued by him shall have the same force as an Act of Parliament. Hence option B is correct.
6.Correct Answer: B
Explanation- Under Article 136 of the Constitution, the Supreme Court is authorised to grant in -its discretion special leave to appeal from (a) any judgement, decree, determination, sentence or order, (b ) in any case or matter (c) passed or made by any court or tribunal in the territory of India. This article vests very wide power to the Supreme Court. It vests in the Supreme Court a plenary jurisdiction in the matter of entertaining and hearing appeals by granting special leave against any kind of judgement or order made by any Court or Tribunal (except a Military Tribunal) in any proceedings and the exercise of this power is left entirely to the discretion of the Court unfettered by any restrictions and this power cannot be curtailed by any legislation short of amending the Article itself. Hence Option B is correct.
7.Correct Answer: A
Explanation- In a judgement in S.C Advocates on Record Association v. Union of India popularly known as Judges Transfer Case,’ a nine judge bench of Supreme Court by a 7-2 majority overruled its earlier judgement in the Judges Transfer Case (S.P Gupta v. Union of India) and held that in matter of appointment of the Judges of the Supreme Court and High Courts the Chief justice of India should have primacy. Hence Option A is correct.
8.Correct Answer: C
Explanation- Under Article 226, the High Court has also given power of issuing writs in the nature of habeus corpus etc. Thus a citizen is free to approach High Court or Supreme Court as he chooses, whenever his fundamental rights are violated Power of High Court is wider than the power conferred by Article 32 on the Supreme Court in as much as the High Courts have the power to issue writs not only for the enforcement of fundamental rights but for the enforcement of rights other than fundamental whereas Art. 32 can be invoked only for the enforcement of fundamental rights and for no other purpose. Article 141 provides that the judgement of the Supreme Court will be binding on all courts in India. Hence Option C is correct.
9.Correct Answer: D
Explanation- In K,C,G Narayan Dev, v. State of Orissa (AIR 1953 SC 375) the Supreme Court explained the meaning and scope of the doctrine of colourable legislation The whole doctrine of colourable legislation is based upon the maxim of that “you cannot do Indirectly what you cannot do directly”. In these cases the court will look in the true nature and character of the legislation and for that its object, purpose or design to make law on a subject is relevant and not its motive State of Bihar v. kameshwar Singh is the only case where a law has been declared invalid on the ground of colourable legislation. Hence Option D is correct.
10.Correct Answer: A
Explanation- According to clause (4) of Article 352 if the proclamation of Emergency is issued at the time when the Lok Sabha has been dissolved without approving the proclamation. that has been approved by the Rajya Sabha, the proclamation shall cease to operate at the expiration of 30 days from the date on which the Lok Sabha sits after fresh election unless before the expiry of the above period of thirty days a resolution, approving the proclamation has been passed by the Lok Sabha. Hence Option A is correct.