INDIAN CONSTITUTION MCQ 3

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Q.1. Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters pertains only to a :

(a)    Substantial question of law

(b)   Question of law

(c)    Question of fact

(d)   Mixed question of fact and law

 

Q.2. A person whose petition for Habeas Corpus has been refused by the High Court on merits, seeks to move the Supreme Court by an original petition. According to the Constitutional Law of India.

(a)    His petition in the Supreme Court is barred by the rule of res judicata

(b)   His petition is maintainable because his right to move the Supreme Court for the enforcement of his fundamental right is itself a fundamental right which cannot be limited by the rule of res judicata

(c)    He can approach the Supreme Court only by way of appeal and not by original petition

(d)   He can move the Supreme Court for the same writ because the rule of res judicata will not apply in this case

 

Q. 3. Amendment of which one of the following provisions of the Constitution requires ratification by the Legislatures of the States?

(a)    Article 157 relating to the qualifications for appointment as Governor of the State

(b)   Article 123 relating to the powers of the President to promulgate ordinances on a subject mentioned in Concurrent List during the recess of the Parliament

(c)    Article 56 relating to the term of the office of the President

(d)   Article 54 relating to the election of the President

 

Q.4. Assertion (A): An accused person has been guaranteed the right to be informed of the nature and cause of the accusation.

Reason (R): The accused person can get his conviction quashed upon vague and obscure charges.

(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. Assertion (A): The entries in the three legislative lists are not always set out with scientific precision and definition.

Reason (R):  The entries are not power but are only fields of legislation.

(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.6. Assertion (A): The Constitution vests the executive powers of the Union in the President of India.

Reason (R):  President of India is the Constitutional Head of the State.

(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.7. Which one of the following statements is correct?

(a)       The President may continue to be a Member of Parliament even after assuming charge of Presidential office

(b)       The President is not barred from holding any other office of profit even after assuming charge of Presidential office

(c)       The President is entitled to use his official residence only on payment of the rent fixed

(d)       The emoluments and allowances of the President shall not be diminished during his term of office

 

Q.8. The President of India is elected by an electoral college consisting of:

(a)       Elected members of the Council of State and the House of the People

(b)       Elected members of both the House of Parliament and the State Assemblies

(c)       Member of the Council of States, the State Legislative Councils and members of the Union Territorial Assemblies

(d)       Members of municipalities, local bodies and panchayats, graduates of three years standing, teacher of higher educational institutions and members of state assemblies

 

Q.9. Which one of the following pairs is correctly matched?

(a) Writ of Habeas Corpus:               available against a private individual as well

(b) Writ of Quo-Warranto:               available against Subordinate courts only

(c) Writ of Certiorari:                        available against autonomous bodies only

(d) Writ of Prohibition:                      available against public servants only

 

Q.10. Which one of the following statements is correct?

(a)       The original jurisdiction of the Supreme Court is unlimited

(b)       A dispute between one State and another can only be dealt with by the Supreme Court

(c)       The Supreme Court must admit appeal from any judgement or order made by any court

(d)       All courts including the Supreme Court are bound by a Supreme Court decision

 

 

Answer with Explanations

1.Correct Answer: A

Explanation- Article 133 provides that an appeal shall lie to the Supreme Court from any judgement, decree or .final order in a civil proceeding of a High Court only if the High Court certifies (under Article 134-A) :(a) That the case involves a substantial question of law of general importance and (b) That in the opinion of the High Court the said question needs to be decided by the Supreme Court. Hence Option A is correct.

 

2.Correct Answer: D

Explanation-In Ghulam Sarvar v. Union of India, [AIR, 1967, SC, 13351 the court held that the rule of res judicata is not applicable in the writ of habeas corpus and where the petitioner has been refused a writ from the High Court he may file a petition for the same writ under article 32. Hence D is the correct answer.

 

3.Correct Answer: D

Explanation- The following provisions require ratification by not less than 1/2 of the State Legislature:
1.  Election of the President – Article 54 and 55
2. Extent of Executive power of the Union and States -Article 73 and 162
3. Articles dealing with judiciary, Supreme Court, High Court in the States and Union Territories— Article 124 to 147, 214 to 231, 241.
4. Distribution of Legislative powers between the Centre and the State—Articles 245 to 255
5. Any of the Lists of 1/11117 Schedule.
6. Representation of States in Parliament IVth Schedule.
7. Article 368 itself.
Hence Option D is correct.

 

4. Correct Answer: A

Explanation- Both ‘A’ and ‘R are true and ‘R’ correctly explains ‘A ‘ Article 22 clause (1) provides rights to a person who is arrested for any offence under an ordinary law as the right to be informed ‘as soon as may be’ of ground of arrest. This is necessary to enable the arrested person to know the grounds of his arrest and to prepare for his defence. Article 22 is in the nature of a directive to the arresting authorities to disclose the grounds of the arrest of a person immediately. Hence Option A is correct.

 

5. Correct Answer: B

Explanation- Here both ‘A’ and are individually true. But ‘R ’is not a correct explanation of ‘A’. It is true that a scientific division is not possible and questions constantly arise, whether a particular subject falls in the sphere of one or the other government.  In Ujagar Prints vs. Union of India, [AIR, 1989 SC, 516] the Supreme Court observed that entries in the legislative lists, are not the source of legislative power, but are merely topics or fields of legislation and must receive a liberal construction inspired by a broad and generous spirit and not in a narrow pedantic sense. Hence option B is correct.

 

6. Correct Answer: A

Explanation- Both ‘A ‘ and are true and ‘R’ correctly explains ‘A’ because Article 52 of the Constitution says that there shall be a President of India. He is the head of the State. According to Article 53, the Executive Power of the Union shall be exercised by him in accordance with the constitution either directly or through officers subordinate to him.
Article 74 (I) bound the President as, it provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President who shall, in the exercise of his functions act in accordance with such advice. Hence Option A is correct.

 

7. Correct Answer: D

Explanation- The President’s salary and allowances cannot be diminished during his term of office. On the expiration of his term or resignation, the President is entitled to an annual pension. Article 59 provides that President cannot be a member of either House of Parliament or of a House of the Legislature of any State. The President cannot hold any other office of profit. The President is entitled to use his official residence. Free of rent. Hence Option D is correct.

 

8. Correct Answer: B

Explanation- The President of India is not directly elected by the people. Article 54 provides that the President shall be elected by an electoral college consisting of The elected members of both Houses of Parliament. The elected members of the Legislative Assemblies of the States. Hence Option B is correct.

 

9. Correct Answer: A

Explanation- Writ of Habeas Corpus is available against private individuals as well as public bodies and individuals. Mandamus is an order by a superior court commanding a person or a public authority (including the Government and public Corporation) to do forbear to do something in the nature of public duty or in certain cases of a statutory duty Prohibition is issued by a superior court or tribunal to prevent it from exceeding its jurisdiction Certiorari is issued by a superior court to an inferior court or body exercising judicial or quasi-judicial functions Quo warranto is issued to an office of public nature.  Hence Option A is correct.

 

10. Correct Answer: B

Explanation- Article 131 provides that the Supreme Court has original jurisdiction in any dispute between the Government of India and one or more state.
Between the Government of India and any State or States on one side and one or more other States on the other between two or more states. Hence Option B is correct.