Tuesday, December 13, 2016

CONSTITUTION OF INDIA LAST YEAR QUESTIONS (CLAT) TEST PAPER

1.      Which of the following fundamental right of India?

(a)    Right to form association

(b)   Freedom of religion

(c)    right to property

(d)   right to move throughout the territory of India


2.      Which of the following Constitution did not provide for judicial review at the time of its framing?

(a)    India                            

(b) Pakistan

(c)    U.S.                             

(d) Australian


3.      The President of India is elected by an electoral college consisting of

(a)    All the members of both the Houses of Parliament and all the members of all the Legislative Assemblies

(b)   All the elective members of both the Houses of Parliament and all the members off all the Legislative Assemblies

(c)    All the members of both the Houses of Parliament and all the elected members of all the Legislative Assemblies

(d)   All the elected members of both the Houses of Parliament and all the elected members of all the Legislative Assemblies


4.      Which of the following is not a fundament right?

(a) Freedom of speech      

(b) Right of life

(c) Right to equality        

(d) Right to work


5.      Facts: Gajodhar pharmaceuticals, a private company, offered an employment contract of two year to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must joit Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

(a)    The employment contract offered to Monirul Alam to join GMS is legal as it does not restrict his freedom not to join any association

(b)   The condition requiring Monirul Alam to join GDM cannot bind him as it impinges on his freedom not to join any association

(c)    Syed Monirul Alam cannot claim a fundamental right to freedom of association against Gajodhar Pharmaceuticals and therefore, the contract would bind him even though his freedom of association is restricted

(d)   The employment contract infringes Syed Monirul Alam's freedom to decide with whom to associate and therefore is legally not enforceable.   


6.      If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then

(a)    Such a law would merely govern private action to which fundamental rights do not apply.

(b)   Such a law would not curtail any individual's right to freedom of association.

(c)    Neither the employment contract, not the law of the Parliament would be enforceable as they would curtail the freedom of association.

(d)   The law of Parliament would violate an individual's freedom not to join any association and therefore be unconstitutional.


7.      If Parliament enacts a law that requires a trade union to open its membership to all the employees, then

(a)    Such a law would not infringe any fundamental right to freedom of association.

(b)   The law of the Parliament would curtail an individual's right not to join any association.

(c)    Such a law would curtail the union members' right to decide with whom they would like to associate

(d)   Such a law would render the employment contract offered by Gajodhar Pharmaceuticals to Syed Monirul Alam unenforceable.  


8.      If Gajodhar Pharmaceuticals enter into into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, them:

(a)    The agreement would be illegal as it would curtail the union members' right to decide with whom they would like to associate

(b)   Such an agreement would infringe the union's right to decide with whom to associate and therefore is legally not enforceable

(c)    The agreement would not be enforceable as it would infringe upon the employer's right not to join an association

(d)   The constitutionality of his agreement cannot be contested on grounds of contravention of fundamental rights as such rights are not applicable to private persons.   


9.      If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then

(a)    The legislation would not violate the right to freedom of association.

(b)   The legislation would curtail the right to freedom unions to strike, and therefore violate freedom of association. 

(c)    Since strike in only one of the objectives with which a trade union is formed, right to strike is not protected by the right to freedom of association

(d)   None of the above. 


Answer Q. 10 to 13 on the basis of the rules A to D given below followed by facts.

Rule A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation of any other status.

Rule B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favorably than another person or another group of persons in a comparable situation.

Rule C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status for a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities of disabled persons.

Facts: On 2nd October, 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.      


10.  Which of the following is correct with respect to the Governor's order?

(a)    It discriminates directly on the ground of sex

(b)   It discriminates indirectly on the ground of sex

(c)    It does not discriminate on the ground of sex

(d)   It discriminates directly as well as indirectly on the ground of sex.


11.  Is the Governor's order justified under Rule D?

(a)    Yes, because it is for the well-being of women prisoners.

(b)   No because it is not absolutely necessary for the well-being of women prisoners.

(c)    No, because it does not promote the well-being of women prisoners or the society.

(d)   None of the above 


12.  Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year's imprisonment. Which of the following statistics would have to be true for his order to be indirectly discriminatory?

(a)    Only 13% of the prison population in Bihar have a graduation degree.

(b)   Of the graduate prisoners 89% belong to upper castes

(c)    Only 25% women in Bihar get a graduation degree.

(d)   All of the above.


Rule E: A discriminatory act shall be justified if its effect is to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.


13.  Would the first Order the release of all women prisoners be justified under Rule E?

(a)    Yes because it promotes the well-being of women

(b)   No, because it does not promote the well-being of women prisoners

(c)    No, because it does not promote the well-being of all disadvantaged groups equality

(d)   None of the above.


Answer questions 14 to 17 on the basis of rules given below followed by facts

Rule A: When a State undertakes any measure, the effects of the measure must be the same for all those are affected by it.

Rule B : When a State undertakes any measure, everyone affected must have an equal chance to benefit from it.

Facts: Hundred mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy Snow. The government received information of this tragedy only two weeks after the unfortunate incident and has only 24-hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes.

As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die.  


14.  If you were the judge required to apply Rule A, you would decide that

(a)    As many lives must be saved as possible

(b)   If everyone cannot be rescued, then everyone must be left behind

(c)    A measure cannot be upheld at the cost of 50 lives

(d)   It must be left to those who are trapped to decide if they want haft amongst them to be saved and leave the rest to die.


15.  As the government prepares to send in rescue helicopters, which option would be acceptable only under Rule B and not Rule A?

(a)    A lottery to choose the 50 survivors excluding those diagnosed with terminal illnesses from participating in the lottery.

(b)   A lottery to deicide the 50 survivors with single parents children below five years of age automatically qualifying to be rescued.

(c)    The 50 youngest people should be rescued.

(d)   None of the above.


16.  Choosing 50 survivors exclusively by a lottery would be

(a)    Permissible under Rules A and B

(b)   Impermissible under Rules A and B

(c)    Permissible only under Rule B

(d)   Permissible only under Rule A.


17.  If the government decides that it will either save everyone or save none, it would be

(a)    Permissible under Rules A and B

(b)   Impermissible under Rules A and B

(c)    Permissible only under Rule A

(d)   Permissible only under Rule B.


18.  Principle: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person's fundamental right.

Facts: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statue and further direct parliament to enact a new law.

(a)    No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law

(b)   The court can quash existing law if it violates fundamental rights and can direct parliament to make a new law

(c)    The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.

(d)   None of these   


19.  Principle

(1)   The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.

(2)   The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.

Facts: The Government of Rajasthan, passed on order providing for reservations for the Scheduled Casts/Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste-15% Scheduled Tribe-75%, Socially and Educationally Backward Classes (including Muslims) – 27%

I.                   The reservation policy of government is violative of the principle of equality envisaged in the Constitution

II.                The reservation polity is unconstitutional because it is based on 'caste' which is a prohibited marker

III.             Reservation does not violate equality clause as it entails "like should be treated like and unlike should be treated differently."

IV.             Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

(a)    I is correct

(b)   I and II are both correct answers

(c)    III is correct answer

(d)   III and IV both are correct answers.   

 

20.  Assertion (A) : The State shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Reason (R): The fundamental rights are rights reserved by the people and for this reason they are eternal and sacrosanct.

(a)    Both A and R are individually true and R is the correct explanation of A.

(b)   Both A and R are individually 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.  


21.  Assertion (A): Directive Principles of State Policy contained in Part IV shall not be enforceable by any court, but the principles therein laid down nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Reason (R): Directive Principle of State Policy and Fundamental Rights are both complementary to each other but in case of any controversy fundamental rights will prevail.

(a)    Both A and R are individually true and R is the correct explanation of A.

(b)   Both A and R are individually 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.


22.  Assertion (A) : All minorities, whether based on religion or language, shall have the right to establish and administer educational educations of their choice.

Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

(a)    Both A and R are individually true are R is the correct explanation of A.

(b)   Both A and R are individually 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. 


23.  Assertion (A): the right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental right.

Reason (R): Supreme Court of India has been appointed as the guardian of the Constitution.

(a)    Both A and R are individually true and R is the correct explanation of A.

(b)   Both A and R are individually 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.         


24.  Assertion (A) : Freedom of Speech is the most important civil liberty of people in a democratic polity .

Reason (R): State can regulate free speech in the interest of public order.

(a)    Both A and R are individually true and R is the correct explanation of A.

(b)   Both A and R are individually true and R is the correct explanation of A.

(c)    A is true but R is false

(d)   A is false but R is true.  


25.  Assertion (A): Austin's concept of law is known as imperative theory

Reason (R): Austin emphasized on the commanding character of law.

(a)    Both A and R are individually true are R is the correct explanation of A.

(b)   Both A and R are individually true but R is not the correct explanation of A

(c)    A is true R is false

(d)   A is false but R is true.


26.  Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfil the common object of an unlawful assembly.

Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of that assembly liable.

(a)    Both A and R are individually true and R is the correct explanation of A.

(b)   Both A and R are individually 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. 


27.  The following are enshrined in the Preamble of Constitution of India

I.                   Equality of status and of opportunity

II.                Liberty of thought, expression, belief, faith and worship

III.             Justice-social, economic and political

IV.             Fraternity assuring the dignity of the individual

V.                Unity and Integrity of the nation

Which of the following is the correct order in which they appear in the preamble?

(a)    V-I-II-IV-III               

(b) III-II-I-IV-V

(c)    III-I-II-V-IV               

(d) I-II-IV-III-V. 


28.  Which one of the following statements is correct?

Right to free and compulsory education for all children of the age of 6 to 14 years is:

(a)    Fundamental right enforceable in law

(b)   A fundamental duty

(c)    A directive principle of state policy

(d)   A fundamental right which, however, can be enforced only if the State makes an enabling legislation


29.  Affirmative action connotes:

I.                   Measures taken by the state to help the socially disadvantaged groups

II.                Positive discrimination

III.             Srict quotas for the socially and educationally backward class in school/college admissions and jobs.

Which of the above mentioned is true.

(a)    I and II only

(b)   II only

(c)    I, II and III

(d)   II and III only.


30.  Identify the correct statement:

(a)    Federalism implies a system of government which embodies a division of powers between a central and a number of regional authorities

(b)   Federalism implies a system of government which embodies a division of powers between Legislature, Executive and Judiciary

(c)    Federalism implies a system of Government which embodies Parliamentary supremacy

(d)   None of these.    


31.  Consider the following statements:

I.                   In a recent Supreme Court verdict pronounced by Justice Markandeya Katju and Justice Gryan Sudha Mishra, the court upheld the constitutionally of the Haj subsidy

II.                Muslims are not the only beneficiaries of the secular State's generosity. Hindus have also received substantial financial support from the Government. Which reference to the statements mentioned above, which of the following is correct?

(a)    I only

(b)   II only

(c)    Both I and II

(d)   Neither I nor II.   


32.  Ms. Usha wants to file a suit against Bhagyalxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named "Jai Santohshi Maa". Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

(a)    She cannot file a suit f because injury to religious feelings is not a legally recongnized right

(b)   She cannot file a suit because the Theatre has a fundamental right to speech and expression

(c)    She can file a suit as injury to religious feelings has been legally recognized as a right (injuria sine damnum)

(d)   It is a case of complete judicial discretion.  

  

33.  Match schedule one and two and choose the appropriate answer

Schedule I

i.                    Concurrent list

ii.                  Rule of Law

iii.                Directive Principle of State Policy

iv.                Procedure established by law

Schedule II

1.      Constitution of Japan

2.      Constitution of Ireland

3.      British Constitution

4.      Constitution of Australia

     i             ii          iii          iv

(a)    1          2          3          4

(b)   2          4          3          1

(c)    1          3          4          2

(d)   4          3          2          1


34.  In which of the following cases can a Constitutional amendment be passed just by a simple majority in Parliament?

(a)    Election matters

(b)   Change in the name and boundaries of states

(c)    Powers of the President

(d)   None of the above


35.  Principle: Right to carry on any occupation, trade or business is a Fundamental Right under the Indian Constitution. The State is under an obligation under the Directive Principles of State Policy to organize agriculture and animal husbandry on scientific lines, and towards that goal, take steps to prohibit cow slaughter.

Facts: The State of X passed a legislation totally prohibiting cow slaughter. A, a butcher, trading in meat of all animals including cows, challenged this legislation is violating the fundamental right to carry on his business.

(a)    The state of X cannot make a law taking away any fundamental right. Such law is null and void.

(b)   The State can prohibit cow slaughter to organize animal husbandry in scientific lines

(c)    The right to carry on any occupation, trade or business is subject to reasonable restrictions. Banning cow-slaughter is such a restriction to better animal husbandry production and it is within the power of State

(d)   None of the above


36.  Principle: The Constitution guarantees freedom of religion and expects the citizen to respect national anthem as a fundamental duty.

Facts: According to the religions tenets of a particular sect, singing the praise of any entity other than God is for bidden. The child, belonging to that sect, refuses to sing national anthem in the course to school assembly, in which every child must compulsorily participate. When the disciplinary action was instituted against the child, the parents challenged the school's order of singing the national anthem.

(a)    The School can take disciplinary action against the child as it is the fundamental duty to respect national anthem

(b)   The fundamental right to freedom of religion cannot be abridged by a fundamental duties,-imposed by the State

(c)    The girl is free to follow the religion of her choice and follow its rules. It cannot be said to be disrespect on the part of the girl if she refuse to sing national anthem

(d)   None of the above    


37.  Principle: All citizens shall have the right to freedom of speech and expression.

Facts: X, a famous writer and Novelist criticized another novelist, B stating that. "the novel of B is foolish, he is a weakman, his Novel is indecent, his mind is impure, he is not of a good character, he should write decent and good Novel".  Can X be sued for defamation?

(a)    He is not liable because he has just expressed his personal views

(b)   He is liable to be sued for defamation if his statement, was not true or said in mala fide intention

(c)    He cannot be liable because he has fundamental right to freedom of speech and expression

(d)   He cannot be sued, because both are writer and novelists and both can criticize each other.    

 

38.  The Ordinance issued by the Governor are subject to the approval by

(a)    State Legislature         

(b) President

(b)   Central Government   

(d) Parliament


39.  Scheduled Castes and Scheduled Tribes

(a)    Have been specified by the Presidential Orders issued in consultation with the Governor of the respective States

(b)   Have been specified in the Constitution by the Constitution makers in the form of a Schedule

(c)    Have to be specified and notified by the Parliament after detailed discussions about the backward nature of these people

(d)   Are the Castes and Tribes notified by the State Government after detailed discussion as to their socio-economic conditions.   

  

40.  Free legal aid for an accused is a

(a)    Fundamental right

(b)   Fundamental duty of the State

(c)    Directive Principle of State Policy

(d)   Discretion of the State


41.  The concept of Secular State is that the State will not make any discrimination on the ground of religion, caste or community against any person professing any particular form of religious faith. The Secularism is embodied in

(a)    Preamble of Constitution

(b)   Directive Principles of State Policy

(c)    Fundamental Rights

(d)   Judicial Interpretation of Fundamental Rights


42.  The National Development Council Consists of

(a)    Members of Planning Commission

(b)   Cabinet Minister and State Chief Ministers

(c)    Representatives of Union Territories

(d)   All of the above


43.  Who allocates portfolios among the Ministers?

(a)    Prime Minister

(b)   President

(c)    President on the recommendation of the Prime Minister

(d)   Chairperson of Ruling Political Party 


44.  The Constitution of India does not mention the post of

(a)    The Deputy Speaker of the Lok Sabha

(b)   The Deputy Speaker of the State Legislative Assembly

(c)    The Deputy Chairman of the Rajya Sabha

(d)   The Deputy Prime Minister


45.  A Judge of the Supreme Court of India or High Court of any State can be removed by the President of India only

(a)    When the Principles of Natural Justice are followed and the alleged misconduct is proved in an impartial enquiry

(b)   If he is satisfied through the report made by the Chief Justice of India that the misconduct of the judge has been proved

(c)    When an address is made by both the Houses of Parliament in the same session asking for his/her removal on the grounds of proven misbehavior and incapacity

(d)   When the President and the Prime Minister are satisfied that he or she has committed a misconduct and the same has been proved before a competent authority     


46.  The Constitution of India is the result of considerable imitation and adaptation rather than originality because

(a)    Makers of Indian Constitution drew much from the American Constitution, Canadian Constitution and British made Government of India Act, 1935

(b)   Makers of Indian Constitution drew duch from Swiss Constitution, German Constitution and Government of India Act of 1919

(c)    Makers of Indian Constitution drew much from Constitution of Singapore, Constitution of Sri Lanka and Government of India Act of 1919

(d)   Makers of Indian Constitution drew from Constitution of South Africa, Constitution of Netherlands and Government of India Act of 1919.


47.  The Right to Constitution Remedies in India is available to

(a)    Only the citizen of India

(b)   All person in case of infringement of any Fundamental Right

(c)    Any person for enforcing any conferred on them

(d)   An aggrieved individual alone


48.  A political party is recognized by the Election Commission only if

(I)                It has been engaged in political activity for a contentious period of five years

(II)             Has returned at least one member of the Lok Sabha for every 25 members of that House or any fraction of that member elected from that State

(III)          Has polled not less than six per cent of the total number of valid votes polled by all contesting candidates at the general elections

(IV)          Has contested elections in four or more states in three consecutive general elections

(a)    I and II

(b)   I, II and IV

(c)    I, II and III

(d)   I, III, III and IV       


49.  How many duties are provided under Part IV A of the Constitution?

(a)    10                                

(b) 11

(c)    12                                

(d) 08


50.  The Inter State Council has been constituted based on the recommendation of

(a)    Second Administrative Reforms Commission

(b)   National Commission to Review the Working of the Constitution

(c)    Sarkaria Commission

(d)   Punchhi Commission    


51.  Which of the following is not a constitutional body?

(a)    Finance Commission

(b)   State Public Service Commissions

(c)    Election Commission

(d)   Planning Commission  


52.  Principle: The Constitution of India guarantees the 'right to life', which means 'right-to live with human dignity'. The right to life under the Constitution, however, does not include the right to die.

Facts: 'M', who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot he should be granted the right to die with dignity because the does not want to be a burden on the society. Further, as it is his life, he has a right to put an end to it.

Which of the following derivations is CORRECT?

(a)    The prayer can be granted, as suicide is not an offence in India

(b)   The Prayer can be granted, as the right to life under the Constitution includes the right to die.

(c)    The prayer can be granted, as a person cannot be forced to enjoy right to life to his detriment, disadvantage and disliking

(d)   The prayer cannot be granted, as the right to life under the Constitution does not include the right to die  


53.  In whose presence does not President of India subscribe to the oath of affirmation?

(a)    The Chief of Army Staff

(b)   The Chiefs of all the three services

(c)    The Speaker of the Lok Sabha

(d)   The Chief Justice of India 


54.  Which one of the following is not established under the constitutional provisions?

(a)    Finance Commission

(b)   Inter-state Commission

(c)    Planning Commission

(d)   Scheduled Caste Commission


55.  In what context was the term "judicial overreach" used recently?

(a)    The powers of Judiciary to bring to justice even the citizens of India outside India, for instance through the extra territorial operation of the Indian Penal Code

(b)   The jurisdiction of Judiciary on MNCs, as seen in the Bhopal gas leak case where the subsidiary of a company incorporated in the United States had to submit to the jurisdiction of courts in India

(c)    The High Court in a state of the union hearing a matter falling in the territorial jurisdiction of another state's High Court

(d)   The expanding realm of public interest litigation and judicial activism in India.  

 

56.  Who among the following judges gave a dissenting opinion the case of ADM Jabajpur v. V. Shukla also known as the Habeas Corpus case?

(a)    Justice P.N. Bhagwati

(b)   Justice V.R. Krishna Iyer

(c)    Justice H.R. Khanna

(d)   Justice A.N. Sen.


57.  Which of the following is not associated with the Constitution (Thirty-Ninth Amendment Act)?

(a)    It placed the Coal Mines (Nationalization) Act, 1973 under the Ninth Schedule of the Constitution of India 

(b)   If ousted the jurisdiction of any court to decide a question on the validity of election of a person as President of India

(c)    It amended Article 217 of the Constitution of India

(d)   It was enacted in the year 1975.


58.  A provision in a statute pertaining to medical institutions in India was struck down by the Supreme Court of India in the year 2008 as being ultra vires the Constitution of India. Which of the following statutes contained that provision?

(a)    All India Institute of Medical Sciences Act

(b)   Lady Hardinge Medical College and Hospital (Acquisition and Miscellaneous Provisions) Act

(c)    Post-Graduate Institute of Medical Education and Research, Chandigarh, Act

(d)   Sree Citra Tirunal Institute for Medical Sciences and Technology, Trivandrum Act.   


59.  Who was appointed by the NDA government as the Chairperson of the National Commission to Review the Working of the Constitution of India?

(a)    Justice Y.K. Sabharwal

(b)   Justice Ranganath Mishra

(c)    Justice M.N. Vendkatachaliah

(d)   Justice AR. Lakshmanan.


60.  The principle of 'collective responsibility' means

(a)    All citizens must collectively elect their representatives

(b)   All members of the union council of ministers are collectively responsible to the House of the People

(c)    All Minister are accountable to the Parliament

(d)   All Minister hold office at the pleasure of the Prime Minister


61.  Who was the judge who held that fundamental rights were not amendable?

(a)    Justice P.N. Bhagwati

(b)   Justice O. Chinnappa Reddy

(c)    Justice K.K. Mathew

(d)   Justice K.K. Mathew

(e)    Justice K. Subba Rao.


62.  The prohibition against employment of children below 14 years of age has been provided

(a)    As a fundamental right against exploitation in the Constitution

(b)   As a right to equality

(c)    As a directive principle of state policy

(d)   As a duty on the parents and guardians.


63.  How many fundamental rights have been guaranteed under the Constitution of India?

(a)    5                                 

(b) 6

(c)    7                                  

(d) 8


64.  The 44th Amendment Act of 1978 to the Constitution of India

(a)    Deleted the Fundamental Right to acquire, hold and dispose of property.

(b)   Introduced the Fundamental Right to free and compulsory education.

(c)    Deleted Fundamental Right to work

(d)   Suspended the Fundamental Right to constitutional remedies.


65.  Who declared a state of emergency in India under Article 352 of the Constitution of India in the year 1975?

(a)    Indira Gandhi                         

(b) Giani Zail Singh

(c)    Fakhruddin Ali Ahmed 

(d) Sanjay Gandhi


66.  How many official languages have been recognized under the Constitution of India?

(a)    14                                

(b) 18

(c)    20                                

(d) 22


67.  An arrested person under the Indian Constitution does not have a fundamental right to

(a)    Travel abroad

(b)   Practise any profession

(c)    Get assistance of a legal practitioner of his choise if arrested under preventive detention

(d)   Challenge an arbitrary law  


68.  Interpreting Articles 72 and 161 of the Constitution of India in relation to a criminal statute, a Bench of the Supreme Court of India, headed by the Chief Justice of India, has, in a judgment dated 23-3-2010 held that:

(a)    The clemency power of the Executive is absolute, remains unfettered and cannot be restricted by the provisions of a Statute.

(b)   Section 377 of the Indian Penal, Code, insofar as it criminalizes consensual sexual acts of adults in private is violative of the Constitution of India.

(c)    Once possession is established, the person who claims that is was not a conscious possession has to establish it.

(d)   Both (1) and (3).   


69.  Any proceeding for removal of a judge of any High Court in India may be initiated only by

(a)    An order of the President of India

(b)   A notice of motion for presenting an address to the President, praying for the removal of a Judge, signed by requisite number of members of the Parliament

(c)    Address by each House of the Parliament, support by the requisite number of Members of Parliament

(d)   Constitution of a Committee for the purpose of making an investing in to the grounds on which the removal of the Judge is prayed for. 


70.  The Right of Children to Free and Compulsory Education Bill was enacted to give effect to

(a)    Article 14 of the Constitution of India

(b)   Article 45 of the Constitution of India

(c)    Article 21A of the Constitution of India

(d)   Article 21 of the Constitution of India 


71.  The Directive Principles of State Policy are aimed at

(a)    Securing political freedom

(b)   Securing social and economic freedom by appropriate action

(c)    Executive supremacy

(d)   Judicial supremacy


72.  Who is the ex-officio Chairman of the Rajya Sabha

(a)    President                     

(b) Vice-President

(c)    Prime Minister

(d)   Head of the Opposition in Lok Sabha


73.  Which of the following amendments to the Constitution took away the Right of Property from Fundamental Rights?

(a) 42nd                              

(b) 44th

(c) 43rd                               

(d) 45th


74.  Which among the following has been added as a fundamental right in the Constitution of India by 86th Amendment?

(a)    Right to information

(b)   Right to employment

(c)    Right to food security

(d)   Right to education


75.  Special leave to appeal by the Supreme Cout is available from the decision of

(a)    Any court or tribunal

(b)   Any court, tribunal or administrative authority

(c)    Any court of tribunal relating to the armed forces

(d)   Administrative tribunals only


76.  Who was the Chairman of the Committee on Review of the Working of the Constitution?

(a)    Subhash C. Kashyap  

(b)   Justice Venkatachaliah

(c)    L.K. Advani                

(d) Justice B.N. Kirpal


77.  Under which provision of the Constitution, the Supreme Court reviews its own judgments?

(a) Article 132                   

(b) Article 137

(c) Article 139                   

(d) Article 141


78.  The Supreme Court being the highest court of appeal, is the most superior judiciary, but the various High Courts exercise a jurisdiction even wider than that of the Supreme Court under:

(a)    Article 32 of the Constitution

(b)   Article 141 of the Constitution

(c)    Article 14 of the Constitution

(d)   Articles 226 and 227 of the Constitution


79.  Schedule X of the Constitution deals with

(a)    Law protected from judicial review of the courts

(b)   Disqualification on grounds of defection

(c)    Union and its territory

(d)   Union, State and Concurrent lists 


80.  Who amongst the following can attend the Session of the Parliament but has no right to vote?

(a)    Attorney-General of India

(b)   Comptroller-General of India

(c)    Chief Justice of India

(d)   Chief of the Indian Army


81.  In India, the right to vote is

(a) Fundamental right       

(b) Statutory right

(c) Constitutional right      

(d) Moral Right


82.  Who called the Directive Principles as a "cheque on bank payable at the convenience of the banker"?  

(a) B.R. Ambedkar           

(b) H.M. Seervai

(c) K.T. Shah                     

(d) Jawaharlal Nehru


83.  What is the minimum age to be appointed as a Governor of a State in India?

(a) 25 years                        

(b) 35 years

(c) 21 years                        

(d) 18 years


84.  The right of minorities conferred in Article 30(1) of the Constitution is with respect to the establishment of

(a)    Educational Institution of their choice

(b)   Charitable Hospitals of their choice

(c)    Place of worship to practice their religion

(d)   Rest Houses


85.  The SC has held that hoisting the national flag a top the private buildings is a fundamental right of every citizen under:

(a)    Article 14 of the Constitution

(b)   Article 19(1)(a) of the Constitution

(c)    Article 21 of the Constitution

(d)   Article 25 of the Constitution 

 

86.  Which of the following statements is correct? Parliament can make a law with respect to a matter in the State in the national interest if:

(a)    The Rajya Sabha passes a resolution by a two-thirds majority

(b)   Parliament passes a resolution

(c)    A state makes a request

(d)   The President of India gives permission 


87.  The procedure for amendment of the Indian Constitution was borrowed from the:

(a)    Constitution of USA

(b)   Constitution of USSR

(c)    Constitution of Germany

(d)   Constitution of South Africa


88.  The Writ of Prohibition can be issued to:

(a)    Constitutional Authority

(b)   Statutory Authority

(c)    Non-Statutory Authority

(d)   None of the above 


89.  The President is bound to summon Parliament

(a)    Within 6 months from the last sitting of former session

(b)   Within 3 months of last sitting of former session

(c)    Within 4 months of last sitting of former session

(d)   Within 12 months of last sitting of former session


90.  When does the Supreme Court gives advise to  the President on a matter of law or fact?

(a)    Only when the President seeks such advice

(b)   On its own

(c)    Only if the issue poses a threat to the unity and integrity of India

(d)   Only if the matter relates to the violation of fundamental rights of the citizens 


91.  Which of the following is a correct pair?

(a)    United Nations Organization                                         1946

(b)   Universal Declaration of Human Rights                        1948

(c)    Constitution of India                                                      1951

(d)   World Trade Organization                                              1996


92.  LEGAL PRINCIPLE: Every person is entitled to freedom of conscience and to profess, practice and propagate his religion subject of public order, morality and health.

FACTUAL SITUATION: X, a Muslim sacrifices a cow on Bakra-Id believing it to be a part of his religious rites. However, there was a law of general prohibition on slaughter of cows. X, was prosecuted for slaughtering cow.

(a)    X cannot be prosecuted as killing of cow on Bakra-Id has the Muslim religious sanction

(b)   Z can be prosecuted as the State has a right to regulate the freedom of the religion in the interests of the public order.

(c)    Y can be prosecuted as the slaughtering of cow hurts other community's religious sentiments.

(d)   X can be prosecuted, as the slaughtering of cow is cruelty to animals.     


93.  Under which Article of the Constitution of India has untouchables been abolished and its practice prohibited?

(a) Article 14                     

(b) Article 19

(c) Article 20                     

(d) Article 21.


94.  A judgment passed by the Supreme Court of India can be reviewed only by the

(a) President                      

(b) Prime Minister

(c) International Court of Justice

(d) Supreme Court itself.  


95.  Total number of ministers including Prime Minister shall not exceed …..% of the total number of members of Lok Sabha.

(a) 20%                              

(b) 14%

(c) 15%                              

(d) 18%


96.  Electoral disputes arising out of Presidential and Vice-Presidential elections are settled by:

(a)    Central Election Tribunal

(b)   Joint Commission of India

(c)    Election Commission of India

(d)   Supreme Court of India


97.  Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at emergency / casualty ward) the doctors opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first. 

(a)    Doctor should operate first

(b)   Doctors should inform his family members

(c)    Doctors should inform his employers

(d)   Doctors should not inform anyone because it would violate patient's right of privacy


98.  Right to Education is added as Article 21A in the Constitution of India by

(a)    86th Constitutional Amendment, 2002

(b)   88th Constitutional Amendment, 2003

(c)    89th Constitutional Amendment, 2003

(d)   90th Constitutional Amendment, 2003.  


99.  A National Emergency in India remains in operation, with the approval of Parliament for

(a) Maximum of 1 year     

(b) Indefinite period

(c) Maximum of 2 years   

(d) Maximum 3 years.


100.    Which among the following Indian Constitutional Amendments included 4 more languages in the English Schedule to the Constitution of India?

(a)    89th Amendment, 2003

(b)   90th Amendment, 2003

(c)    91st Amendment, 2003

(d)   92nd Amendment, 2003.


101.    Constitution Amending Bill passed by the Parliament of India also requires to be ratified by the Legislatures or not less than half of the States in regard to the

(a)    Fundamental Rights

(b)   Fundamental Duties

(c)    Representation of States in Parliament

(d)   Constitutional remedies.


102.    As pr Constitutional requirement the Parliament of India shall meet at leas

(a) Once a year                  

(b) Twice a year

(c) Thrice a year                

(d) Four times a year.


103.    In which of the following cases the Constitution of India allows an exception to the rule of equality?

(a)    President and Governor

(b)   Prime Minister and Chief Minister

(c)    Union Law Minister and Law Minister of a State

(d)   Deputy Prime Minister and Deputy Chief Minister


104.    Article 1 of the Constitution of India declares India as

(a)    Federal State              

(b)   Quasz-federal State

(c)    Unitary State              

(d)   Union of the States. 


105.    When the offices of both the President and Vice-President of India are vacant, then their functions will be discharged by

(a) Prime Minister             

(b) Home Minister

(c) Chief Justice of India 

(d) Speaker.


106.    Parliament or a State Legislature in India can declare a seat vacant, if a member absents himself without notice from the session for more than

(a) 30 days                        

(b) 60 days

(c) 90 days                        

(d) 120 days.


107.    Which country among the following is the first country in Europe to guarantee animal rights in its Constitutions?

(a) Belgium                       

(b) Germany

(c) Switzerland                  

(d) Belgrade. 


108.    Right to property was removed from the list of Fundamental Rights from the Constitution of India during the tenure of

(a) Morarji Desai               

(b) Rajiv Gandhi

(c) Charan Singh               

(d) Indira Gandhi


109.    Petitions to the Supreme Court of India under Article 32 of Constitution are subject to the Rule of 'Res Judicata' except

(a) Quo Warranto              

(b) Certiorari

(c) Habeas Corpus             

(d) Prohibition.


110.    Which of the following fundamental rights, guaranteed by the Constitution of India, 1950 cannot be suspended during emergency?

(a)    Freedom of speech and expression under Article 19(1)(a)

(b)   Right to Constitutional remedies under Articles 32 and 226

(c)    Right under Articles 21 and 22

(d)   Right under Articles 20 and 21.


111.    In which landmark judgment did the Supreme Court of India lay down guidelines against sexual harassment of women at workplace?

(a)    Nilabati Behera v. State of Orissa

(b)   Hussainara Khatton v. State of Bihar

(c)    Maneka Gandhi v. Union of India

(d)   Vishakha v. State of Rajasthan.


112.    Clemency of capital punishment is granted by

(a)    Jail Superintendent    

(b)   Prime Minister

(c)    Chief Justice of Supreme Court

(d)   President of India.  


113.    Assertion (A): The Constitution of India provides for the appointment of a Governor for a period of five years.

Reason (R): The Governor holds office during the pleasure of the President.

(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.