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Q.1. The jurisdiction of the Supreme Court of India may be enlarged by :
(a) Parliament by law
(b) Parliament by resolution
(c) the President
(d) the President in consultation with the chief justice of India
Q.2. While interpreting the pharase “equality before the law” contained in Article 14 of the Constitution of India, the Supreme Court constantly maintained the equality means :
(a) absolute equally among human beings
(b) equal treatment to all presons
(c) equality of status in the preamble of the Constitution
(d) among equals the law should be equal and should be equally administered
Q.3. In Tinsukia Electricity Company v. State of Assam, the Supreme Court pointed out that the term “socialist” used in the Preamble to the Constitution of India, means a state whose basic policy is to:
(a) prohibit concentration of wealth
(b) distribute equitably the natural resources
(c) prohibit concentration of wealth and uplift the living standards of people
(d) prohibit concentration of wealth and distribution
Q.4. After the judgement of the Supreme Court in Minerva Mills Ltd. vs. Union of India, the provision of Article 31 C means that___?
(a) all Directive Principles suprersede the Fundamental Rights
(b) No Directive Principle can supersede the Fundamental Rights
(c) The Directive Principle contained in Article 39 (a) supersede the Fundamental Rights
(d) The Directive Principle contained in Article 39 (b) and (c) supersede the Fundamental Rights
Q.5. Match List-I with List-II and select the correct answer from the codes given below the Lists :
List-I List-II
A.Waiver of Fundamental Rights 1. Prafulla Kumar Vs. Bank of Khulna
B.Territorial nexus 2. Golaknath Vs. State of Punjab
C.Harmonious construction 3. Basheshar Nath Vs, Commissioner of income Tax
D.Prospective overruling 4. Sajjan Singh Vs. State of Rajasthan
Codes :
. A B C D
(a) 3 1 2 4
(b) 1 3 4 2
(c) 3 1 4 2
(d) 1 3 2 4
Q.6. When the name of state is changed or a new state is created, the Constitution of India is required to be amended by Parliament by a__________?
(a) Simple majority as required under Articles 107 and 108
(b) Majority of total number of members of both the Houses under Article 368
(c) Special majority under Article 368
(d) Special majority after obtaining opinion of concerned state under Article 3 of the Constitution
Q.7. ‘The term Law’ however includes every branch of law. Yet there is difference between Constitutional Law and ordinary law because Constitutional Law is made in the exercise of sovereign power and hence and amendment is not covered within the definition of `Law’ provided in Article 13 (2) and (3) of the Constitution of India”.
This observation found place is :
(a) Shankari Prasad Vs. Union of India
(b) I.C Golaknath Vs. State of Punjab
(c) Kesavanada Bharati Vs. State of Kerala
(d) Smt Indira Nehru Gandhi Vs. Raj Narayan
Q.8. When emergency under Article 352 of the Constitution is proclaimed the President of India has the power to suspend the Fundamental Rights enshrined in Part III, however, it is not possible to suspend the rights contained in which of the following Articles even during emergency?
(a) 20 and 21 (b) 19 and 20
(c) 21 and 22 (d) 19 and 21
Q.9. When a state fails to implement the administrative directions given by the Union under Article 256 of the Constitution of India_?
(a) Parliament may compel the state of execute the said directions
(b) The Governor may dissolve the State Legislature
(c) The President may presume that Constitutional machinery in the State has failed
(d) The President may impose emergency under Article 352 of the Constitution
Q.10. Which of the following articles of the Constitution of India provide for circumstances under which Parliament has power to make a law on any subject enumerated in the State List (seventh) Schedule?
(a) 245, 246, 248 and 249
(b) 248, 249, 250 and 252
(c) 249, 250, 251 and 252
(d) 249, 250, 252 and 253
Answers with Explanations
1.Correct Answer: A
Explanation- Article 138 (2) provides that the Supreme Court shall have such further jurisdiction and powers with respect to any matter as ,the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court. Hence Option A is correct.
2.Correct Answer: D
Explanation- The concept of equality does not mean absolute equality among human beings which is physically not possible to achieve. Equality before the law means that among equals the law should be equal and should be equally administered that like should be treated alike. Hence Option D is correct.
3.Correct Answer: C
Explanation- The basic framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave. This amongst others on economic side envisaged economic equality and equitable distribution of income. Hence Option C is correct.
4.Correct Answer: D
Explanation- In this case it was held that the harmony and balance between Fundamental Rights and directives principles is an essential feature of the basic structure of the Constitution. The directive principles prescribe the goal to be attained and the Fundamental Rights lay down the means by which the goal is to be achieved. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. The harmony and balance between the Fundamental Rights and directive principles is an essential feature of the basic structure of the Constitution. The court held that Art 31 C as originally introduced by the 25th Amendment is constitutionally valid. Hence Option D is correct.
5.Correct Answer: C
Explanation-The correct matching will be as following:
List-I List-II
Waiver of Fundamental Rights Basheshar Nath Vs. Commissioner of Income Tax
Territorial nexus Prafirlla Kumar Vs. Bank of Khulna
Harmonious construction Sajjan Singh Vs. State of Rajasthan
Prospective overruling Golaknath Vs. State of Punjab
6.Correct Answer: A
Explanation- By a simple Majority and by ordinary legislative process, Parliament may form a new state or alter the boundaries etc. of existing states. Hence option A is correct.
7.Correct Answer: A
Explanation- In this case the court held that the word law in clause (2) did not include law made by Parliament under Article 368. The word in Article 13 must be taken to mean rules or regulation made in exercise of ordinary legislative power and not amendments to the Constitution made in exercise of Constitutional power and therefore, Article (13) did not affect amendments made under Article 368.Hence Option A is correct.
8.Correct Answer: A
Explanation- The 44′ amendment has made significant change in Art, 359, It provides that under Article 359 the President does not have power to suspend the enforcement of the Fundamental Rights guaranteed in Article 20 and 21 the Constitution. Hence Option A is correct.
9.Correct Answer: C
Explanation- A proclamation of emergency can be made even before the actual occurrence of event contemplated in Article 352 have taken place if the President is satisfied that there is imminent danger of war or external aggression or armed rebellion. Thus actual occurrence of the events mentioned in Art. 352 is not essential. An imminent danger of war or external aggression or armed rebellion is enough for the proclamation of emergency. Hence Option C is correct.
10.Correct Answer: D
Explanation- Though in normal times the distribution of powers must be strictly maintained and neither the state nor the centre can approach upon the sphere allotted to the other by the Constitution, yet in certain exceptional circumstances the above system of distribution is either suspended or the powers of the Union Parliament are extended over the subjects mentioned in the State List. The exceptional circumstances are:
Power of Parliament to legislate in the national interests (Article 249)
During a proclamation of emergency (Article 250),
Parliament power to legislative with the consent of the State (Article 252)
Parliament power to legislate for giving effect to treaties and International agreements (Article 253) In case of failure of Constitutional machinery in State (Article 256)
Hence Option D is correct.