Constitutional and Administrative Law MCQ Quiz - Objective Question with Answer for Constitutional and Administrative Law - Download Free PDF

The correct answer is Option 4.

Key Points

Chronological Arrangement of Fundamental Duties as appearing in the Constitution of India:

• The Fundamental Duties are enshrined in Part IV-A of the Constitution of India under Article 51A.
• These duties are intended to serve as a constant reminder to every citizen that they should observe certain basic norms of democratic conduct and democratic behavior.

1. To defend the country and render national service (Clause d):

   • This duty emphasizes the importance of defending the nation and being ready to provide national service when required.

2. To value and preserve the rich heritage of our composite culture (Clause f):

   • This duty highlights the need to recognize and maintain the diverse cultural heritage of India.

3. To develop the scientific temper (Clause h):

   • This duty encourages citizens to cultivate a scientific approach, humanism, and the spirit of inquiry and reform.

4. To safeguard public property and to abjure violence (Clause i):

   • This duty focuses on protecting public property and abstaining from violence to maintain harmony and peace in society.

Conclusion:

• The correct chronological order of the Fundamental Duties as appearing in the Constitution of India is:
  • D. To defend the country and render national service (Clause d)
  • B. To value and preserve the rich heritage of our composite culture (Clause f)
  • C. To develop the scientific temper (Clause h)
  • A. To safeguard public property and to abjure violence (Clause i)

Therefore, the correct answer is Option 4: D, B, C, A.

The correct answer is Option 2.

Key Points

Chronological Order of Reasonable Restrictions under Article 19(2) of the Constitution:

• Article 19(2) of the Indian Constitution allows the State to impose reasonable restrictions on the exercise of the right to freedom of speech and expression, in the interests of the following:

D. Security of the State:

This restriction is aimed at preventing any speech or expression that could endanger the security of the state.

E. Friendly relations with Foreign States:

This restriction is intended to prevent any speech that could harm India's relations with other countries.

C. Public order:

This restriction is imposed to maintain public order and prevent any speech that could incite violence or cause disruption.

A. Contempt of court:

This restriction aims to prevent any speech that could undermine the authority or integrity of the judiciary.

B. Incitement to an offence:

This restriction is intended to prevent any speech that could incite people to commit criminal activities.

Conclusion:

• The correct chronological order of the restrictions under Article 19(2) is:
  • D. Security of the State
  • E. Friendly relations with Foreign States
  • C. Public order
  • A. Contempt of court
  • B. Incitement to an offence

Therefore, the correct answer is Option 2: D, E, C, A, B.

The correct answer is Option 4.

Key Points

• Chronological Order of Rights under Article 19(1) of the Constitution:

  • E. To freedom of speech and expression
  • C. To assemble peaceably and without arms
  • A. To form associations or unions
  • D. To move freely throughout the territory of India
  • B. To reside and settle in any part of the territory of India

Understanding these rights in their chronological order helps in comprehending the structure and prioritization of fundamental rights under Article 19(1) of the Indian Constitution

Key Points

Statement A: Special Provisions with respect to the State of Sikkim are covered under Article 371F of the Indian Constitution. These provisions were added to accommodate the unique socio-political situation of Sikkim when it became a part of India in 1975.
Statement B: Special Provisions with respect to the State of Karnataka are outlined under Article 371J of the Indian Constitution. This provision, which was added much later, focuses on the establishment of a separate development board for the Hyderabad-Karnataka region to ensure equitable allocation of funds and opportunities.
Statement C: Special Provisions with respect to the State of Manipur are detailed under Article 371C of the Indian Constitution. These provisions were put in place to address the unique administrative and governance needs of the hilly regions of Manipur.
Statement D: Special Provisions with respect to the State of Nagaland are encapsulated in Article 371A of the Indian Constitution. This article was designed to protect the rights of the Naga people by allowing the state of Nagaland to have a say in the legislative matters concerning their land and its resources.
Given the above explanations:
The correct chronological arrangement (Article wise) of these provisions is as follows:
- First: Special Provisions with respect to the State of Nagaland (Article 371A)
- Second: Special Provisions with respect to the State of Manipur (Article 371C)
- Third: Special Provisions with respect to the State of Sikkim (Article 371F)
- Fourth: Special Provisions with respect to the State of Karnataka (Article 371J)
Therefore, the correct option is:
- Option 3: (D), (C), (A), (B)
Hence, the statement provided in the question is correct.

The correct answer is Twenty-fourth, Twenty-fifth and Twenty-ninth.

Key Points

• The case of Kesavananda Bharati v. Union of India (1973) is one of the most significant constitutional law cases in India, wherein the basic structure doctrine was established.
• The amendments under challenge in the case were the Twenty-fourth Amendment, Twenty-fifth Amendment, and Twenty-ninth Amendment of the Indian Constitution.
• The Twenty-fourth Amendment reaffirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights.
• The Twenty-fifth Amendment curtailed the right to property by inserting Article 31C, which gave primacy to Directive Principles of State Policy over Fundamental Rights under Articles 14, 19, and 31.
• The Twenty-ninth Amendment added land reform laws in Kerala to the Ninth Schedule of the Constitution, thereby making them immune to judicial review.

Additional Information

• Basic Structure Doctrine:
  • It was propounded in the Kesavananda Bharati case, establishing that Parliament cannot alter the "basic structure" of the Constitution.
  • Examples of basic structure elements include the supremacy of the Constitution, secularism, federalism, and the separation of powers.
• Significance of the Kesavananda Bharati Case:
  • This landmark judgment curtailed Parliament's power to amend the Constitution under Article 368.
  • The decision emphasized the balance between Fundamental Rights and Directive Principles of State Policy.
• Ninth Schedule of the Constitution:
  • Introduced by the First Amendment in 1951, it contains laws that are immune to judicial review under Article 31B.
  • It was created to protect land reform laws from being challenged in courts.
• Article 368:
  • It grants Parliament the power to amend the Constitution.
  • The Kesavananda Bharati judgment clarified that this power is not absolute.

The correct answer is the Right to property

• The right to property ceased to be a fundamental Right via the Constitution 44th Amendment Act, 1978.
• It was instead made a constitutional right under Article 300A which states - that " No person can be deprived of his property except by authority of law."

Key Points

• The fundamental rights are mentioned in part three of the Indian constitution.
• These rights are enforceable and justifiable.
• The citizen can directly move to the supreme court in case of violation of fundamental rights.
• There are a total of six types of fundamental rights namely -

1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies

• "Right to property" was removed by the 44th constitutional amendment.
• At present, it is inserted in article 300-A of the Indian constitution. 

The correct answer is option 1.Key Points

• Article 215 of Indian Constitution deals with High Courts to be courts of record.
• It says every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
• Article 214 of Indian Constitution deals with High Courts for States.
• It says there shall be a High Court for each State.

Additional Information

• ​Importance of Article 215:
  • Judicial Authority: It underscores the authority of the High Courts in the judicial system of India.
  • Judicial Independence: By allowing High Courts to punish for contempt, it helps ensure that the judiciary can function independently without interference or disrespect.
  • Legal Consistency: The High Court's role as a court of record ensures consistency in the application of law, as its decisions serve as authoritative guides for lower courts.

The correct answer is No person shall be deprived of his property.

• Article 300A of the Indian Constitution guarantees that no person shall be deprived of his property.
• The right to property is a constitutional right.

Additional Information

• The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.
• Article 19 provided to all citizens the right to acquire, hold, and dispose of the property whereas Article 31 provides that "no person shall be deprived of his property save by authority of law."
• Later, in 44thAmendment of 1978 deleted the right to property from the list of fundamental rights. 

The correct answer is option 2.Key Points

•  The words "socialist" and "secular" were added to the Preamble of the Indian Constitution by the 42nd Amendment in 1976.
• This amendment was enacted during the Emergency period under Prime Minister Indira Gandhi's administration.
  • Socialist: This term indicates the Indian state's commitment to achieving social and economic equality for all its citizens. It emphasizes the reduction of income disparities, the provision of welfare measures, and the equitable distribution of wealth.
  • Secular: This term signifies that India does not favor any particular religion and treats all religions with equal respect. It underscores the state's commitment to ensuring religious freedom and harmony among its diverse population.

The correct answer is a,b,d are true.

• Article 51 of the Indian constitution states that-
  • For the Promotion of international peace and security, The State shall endeavor to
    1. ​​Promote international peace and security;
    2. Maintain just and honorable relations between nations;
    3. Foster respect for international law and treaty obligations in the dealings of organized people with one another; and encourage settlement of international disputes by arbitration.

Additional Information 

• In the Constitution of India, fundamental duties are mentioned in Article 51A.
  • There was no list of fundamental duties in the original constitution.
  • Fundamental duties were added into the Indian constitution by the 42nd constitutional amendment act 1976.
  • the 42nd constitutional amendment added part IV A and Article 51A to the Indian constitution.
  • Fundamental duties were added into the Indian constitution on the recommendation of the Swaran Singh Committee.
  • Initially, there were only 10 fundamental duties in the constitution.
  • The 86th constitutional amendment act 2002 added one more fundamental duty to the constitution.
  • Currently, there are 11 fundamental duties in the Indian constitution.
  • The idea of fundamental duties was borrowed from the Russian constitution.
  • Fundamental duties are non-justiciable in nature.
• Article 49 of the Indian constitution deals with the protection of monuments, places, and objects of national importance.
• Article 50 of the Indian constitution deals with the separation of the judiciary from the executive.

The correct answer is Twenty-fourth, Twenty-fifth and Twenty-ninth.

Key Points

• The case of Kesavananda Bharati v. Union of India (1973) is one of the most significant constitutional law cases in India, wherein the basic structure doctrine was established.
• The amendments under challenge in the case were the Twenty-fourth Amendment, Twenty-fifth Amendment, and Twenty-ninth Amendment of the Indian Constitution.
• The Twenty-fourth Amendment reaffirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights.
• The Twenty-fifth Amendment curtailed the right to property by inserting Article 31C, which gave primacy to Directive Principles of State Policy over Fundamental Rights under Articles 14, 19, and 31.
• The Twenty-ninth Amendment added land reform laws in Kerala to the Ninth Schedule of the Constitution, thereby making them immune to judicial review.

Additional Information

• Basic Structure Doctrine:
  • It was propounded in the Kesavananda Bharati case, establishing that Parliament cannot alter the "basic structure" of the Constitution.
  • Examples of basic structure elements include the supremacy of the Constitution, secularism, federalism, and the separation of powers.
• Significance of the Kesavananda Bharati Case:
  • This landmark judgment curtailed Parliament's power to amend the Constitution under Article 368.
  • The decision emphasized the balance between Fundamental Rights and Directive Principles of State Policy.
• Ninth Schedule of the Constitution:
  • Introduced by the First Amendment in 1951, it contains laws that are immune to judicial review under Article 31B.
  • It was created to protect land reform laws from being challenged in courts.
• Article 368:
  • It grants Parliament the power to amend the Constitution.
  • The Kesavananda Bharati judgment clarified that this power is not absolute.

The correct answer is Option 4

Key Points

• 'Due Process of Law' is a legal principle that ensures fair treatment through the normal judicial system, especially as a citizen's entitlement.
• 'Procedure established by Law' means that a law that is duly enacted by the legislature or the concerned body is valid if it has followed the correct procedure.
• In 'Due Process of Law', the focus is on both the law and the procedures it is enacted through being fair and just.
• 'Procedure established by Law' does not require the law to be fair, only that it must have been properly enacted.

Additional Information

•  'Due Process of Law' actually emphasizes the protection of individual rights and fairness in the application of law and legal proceedings.
• 'Procedure established by Law' focuses on the adherence to the legal procedures established by the government.
• Neither statement (i) nor statement (ii) is correct as per the definitions provided above.
• This is not a valid option according to the question's structure.

The correct answer is option 2

Key Points

• The Anti-defection Law was included in the Constitution by the 52nd Constitutional Amendment Act in 1985.
• The main aim of the law was to curb political defections by the legislators.
• It is specified in the Tenth Schedule of the Indian Constitution.
• If a member of a house belonging to any political party voluntarily gives up his membership of such political party, he is disqualified.

Important Points

• The 52nd Amendment Act of 1985 added the Tenth Schedule to the Indian Constitution.
• The Tenth Schedule contains provisions regarding disqualification on the ground of defection by the members of Parliament and the State Legislatures.
• The Anti-defection Law was not reinforced specifically in the year 2002, but the 91st Constitutional Amendment Act of 2003 further strengthened the provisions of the law.
• According to the law, if an independently elected member joins any political party, he or she is disqualified from being a member of the house.

Additional Information

• 52nd Constitutional Amendment Act: This amendment added the Tenth Schedule to the Indian Constitution, which contains the Anti-defection Law.
• Tenth Schedule: The Tenth Schedule was inserted by the 52nd Amendment Act of 1985 and lays down the process by which legislators may be disqualified on grounds of defection.
• 91st Constitutional Amendment Act: Enacted in 2003, this act made provisions to limit the size of the Council of Ministers to curb the possibility of defection for ministerial berths.
• Disqualification for Independently Elected Members: According to the Anti-defection Law, if an independently elected member joins a political party after the election, they are disqualified from being a member of the house.

The correct answer is 2 and 3.

Key Points

• Statement 1: This doctrine was first propounded by Supreme Court in Shankari Prasad Vs Union of India Case – This is incorrect. The Doctrine of Basic Structure was not propounded in the Shankari Prasad case. In this case, the Supreme Court ruled that Parliament had the power to amend any part of the Constitution, including the Fundamental Rights.
• Statement 2: In Sajjan Singh Vs State of Rajasthan Case, Supreme Court held that Parliament could amend any part of the Constitution – This is correct. In the Sajjan Singh case (1965), the Supreme Court held that Parliament had the power to amend any part of the Constitution, including the Fundamental Rights.
• Statement 3: In Golaknath Vs the State of Punjab Case, Supreme Court ruled that Art. 368 only lays down the procedure to amend the Constitution but does not give an absolute power to Parliament to amend any part of the Constitution – This is correct. In the Golaknath case (1967), the Supreme Court ruled that Parliament cannot amend the Fundamental Rights, as Article 368 only lays down the procedure and not the absolute power to amend.
• Statement 4: In the case of Waman Rao Vs Union of India, Supreme Court set aside the basic structure doctrine – This is incorrect. In the Waman Rao case (1981), the Supreme Court upheld the Doctrine of Basic Structure and also reaffirmed that Parliament cannot alter or destroy the basic structure of the Constitution.
• Therefore, the correct statements are 2 and 3.

Additional Information

• Shankari Prasad v. Union of India: In this 1951 case, the Supreme Court held that Parliament had the power to amend any part of the Constitution, including Fundamental Rights.
• Sajjan Singh v. State of Rajasthan: This 1965 case upheld the amendment power of Parliament, affirming that the Constitution could be amended, including Fundamental Rights.
• Golaknath v. State of Punjab: This 1967 case ruled that Fundamental Rights could not be abridged or diluted by constitutional amendments, marking a departure from previous judgments.
• Waman Rao v. Union of India: This 1981 case reaffirmed the Basic Structure doctrine, ensuring that amendments post-April 24, 1973, would be subject to judicial review to protect the Constitution's core principles.

The correct answer is option 3.Key Points

• Article 254 of Indian Constitution deals with the Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
• (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.
• (2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:
• Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State