Constitution of India MCQ (7)

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Q.1. An amendment of the Constitution of India for purpose of creating a new state in India must be pass by_____________?

(a)    Simple majority in Parliament
(b)   A simple majority in Parliament and ratification by not less than half of the states
(c)    a two-thirds majority in Parliament and ratification by not less than two-thirds of the states
(d)   two-third of the members of both houses of Parliament present and voting

 

Q.2. A retired judge of a High Court cannot___________?

(a)              Practise in the Supreme Court
(b)             Practise in any High court in India
(c)              Practise in any High Court from where he has retired
(d)             Practise in any court in India

 

Q.3. Which one of the following has been considered supreme as a course of power?

(a)              Supreme Court of India
(b)             Parliament of India
(c)              President of India
(d)             Constitution of India

 

Q.4. Consider the following statements:
The Indian Constitution is:
1. An unwritten constitution
2. A written constitution
3. Largely based on the Government of India Act, 1935.
4. A gift of British Parliament
Of these statement:

(a) 2 and 4 are correct
(b) 2 and 3 are correct
(c) 1 and 4 are correct
(d) 1 and 3 are correct

 

 Q.5. “Preamble of our Constitution is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.”—Justice Sikri expressed the above opinion in the case of__________?

(a)              In re Beru bari Union
(b)             Kesavananda Bharathi vs. the State of Kerala
(c)              A.K. Gopalan vs. State of Madras
(d)             In re Kerala Education Bill

 

Q.6.    Assertion (A): The directive principle of State policy are not enforceable by any court.
Reason (R): Directive principles are more or less fundamental in the governance of the country.

(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.    Assertion (A): In C.B. Muthamma vs. Union of India, the Supreme Court struck down a provision in Service Rules requiring a female employee to obtain the permission of the government in writing before her marriage is solemnised.
Reason (R): Such provision is discriminatory against women and violates Article 16 and hence unconstitutional.

(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.8 Assertion (A): An accused person cannot be compelled to give his thumb impression.
       Reason (R): An accused person cannot be compelled to be a witness against himself.

(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.9. Assertion (A): The principle of equality before the law means that there should be equality of treatment under equal circumstances.
Reason (R): All persons are not equal by nature, attainment or circumstances.

(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.10. Assertion (A): The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence.
Reason (R): The President exercises not only executive functions but also judicial and legislative functions.

(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

 

 

Answers with Explanations

1.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.

 

2.Correct Answer: C

Explanation- Article 220 puts a restriction on practise after being a permanent Judge. This Article prohibits a person who holds office as a permanent Judge of a High Court from acting or pleading in any court or before any authority in India except the Supreme Court and the Other High Courts. Hence Option C is correct.

 

3.Correct Answer: D

Explanation-Because India derives its existence from the constitution. Hence, every power, executive, legislative or Judicial whether it belongs to the nation or the individual State is subordinate to and controlled by the constitution. The constitution in India constitutes the supreme law of the land. Therefore, in India the constitution is supreme. Hence Option D is correct.

 

4.Correct Answer: B

Explanation- The Indian Constitution is the Lengthiest and the most detailed of all the written constitutions of the world. This is largely based on the Government of India Act, 1935, Hence Option B is correct.

 

5.Correct Answer: B

Explanation- In Keshavanand Bharati v. Union of India, C.J. Sikri observed that the Preamble of our constitution is of extreme importance and the constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. The preamble was relied on in imposing implied limitations on the amending power of the Parliament under Article 368 of the Constitution. In that case, it was held that the ‘basic elements ‘ in the Preamble cannot be amended under Article 368. Hence Option B is correct.

 

6.Correct Answer: A

Explanation- Here both ‘A’ and ‘R’ are correct and ‘R’ is the correct explanation of ‘A ‘ Because According to Article 37, the Directive Principles, though they are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making law, but they are expressly made non-justifiable. Hence Option A is correct.

 

7.Correct Answer: A

Explanation- Here Both ‘A’ and R’ are correct and ‘R’ is the correct explanation of ‘A’. Because: In C.B. Muthamma v. Union of India [AIR, 1979, SC 1868] a provision in service rules requiring a female employee to obtain the permission of the Government in writing before her marriage is solemnised and denying her right the right to be promoted on the ground that the candidate was married woman was held to be discriminatory against the woman under Article 16, hence unconstitutional. Hence Option A is correct

 

8.Correct Answer: D

Explanation- Here ‘A’ is false but ‘R’ is true. Because:
Clause (3) of Article 20 provides that no person accused of any offence shall be compelled to be a witness against himself
In-State of Bombay v. Kathi Kalu, the Supreme Court held that self-incrimination can only mean conveying information based upon personal knowledge of the person giving information and cannot include merely the mechanical process of producing documents in court which may throw light on any point in controversy, but which do not contain any statement of the accused based on his personal knowledge. Thus, when a person gives his thumb impression or specimen writing or signature, though it may amount to furnishing evidence in the large sense is not included within the expression “to be a witness. Hence Option D is correct.

 

9.Correct Answer: A

Explanation- Both ‘A’ and ‘R’ are correct and also explains ‘A’ because:

The equal protection of laws guaranteed by Art.14 does not mean that all laws must be general in character. It does not mean that same laws should apply to all persons. It does not mean that every law must have universal application for, all persons are not by nature attainment or circumstances in the same position. The varying needs of different classes of persons often require separate treatment. Equality before the law means that among equals the law should be equal and should be equally administered that like should be treated alike and unlike should not be treated alike. Hence Option A is correct.

 

10.Correct Answer: A

Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’. Because:

The Constitution of India indeed gives President not only executive power but also judicial legislative and military powers. Under Article 72 President has the power to grant pardons, reprieves, respites or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. The object of conferring .the judicial” power on the President is to correct possible judicial errors, for no human system of judicial administration can be free from imperfections. Hence Option A is correct.