2021-22 Archives

61. Right to Property has been provided under which one of the following A

Right to Property has been provided under which one of the following Articles of the Constitution of India ?

[amp_mcq option1=”Article 19(1)(f)” option2=”Article 31″ option3=”Article 300A” option4=”Article 301″ correct=”option3″]

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The Right to Property was originally a Fundamental Right under Article 19(1)(f) and Article 31 of the Constitution.

The 44th Amendment Act of 1978 repealed Article 19(1)(f) and Article 31, removing the Right to Property from the list of Fundamental Rights. It was subsequently made a legal right under Article 300A, which was inserted into Part XII of the Constitution. Article 300A states that “no person shall be deprived of his property save by authority of law.”

The change from a Fundamental Right to a legal right meant that the right could be regulated or restricted by ordinary law passed by the legislature, provided it was done by the authority of law, whereas previously it required a constitutional amendment or was subject to strict judicial review based on fundamental rights principles. Article 301 in Part XIII deals with freedom of trade, commerce, and intercourse within the territory of India.

62. The “Doctrine of Pleasure” is related to the tenure of which constitut

The “Doctrine of Pleasure” is related to the tenure of which constitutional authority in India ?

[amp_mcq option1=”Governor of State” option2=”Chief Justice of India” option3=”Chief Information Commissioner” option4=”Chief Election Commissioner” correct=”option1″]

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The Doctrine of Pleasure originates from English Common Law, where servants of the Crown hold office during the pleasure of the Crown. In the Indian context, certain constitutional authorities hold office during the pleasure of the President or the Governor.

Article 156(1) of the Constitution of India states that the Governor shall hold office during the pleasure of the President. This is a direct application of the Doctrine of Pleasure in the Indian context regarding the Governor’s tenure.

Constitutional authorities like the Chief Justice of India, Chief Information Commissioner, and Chief Election Commissioner have constitutionally secured tenures and are not subject to the Doctrine of Pleasure for removal; they can only be removed through a specific process laid down in the Constitution (e.g., impeachment-like process for CJI and CEC) or relevant statutes (for CIC). Other offices held during the pleasure of the President include the Attorney General of India (Article 76(4)), Union Ministers (Article 75(2)). State Ministers hold office during the pleasure of the Governor (Article 164(1)).

63. No fundamental rights can be claimed against

No fundamental rights can be claimed against

[amp_mcq option1=”a Government company” option2=”a Municipal corporation” option3=”a Court” option4=”a Statutory corporation” correct=”option3″]

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The correct answer is C) a Court.

Fundamental rights are primarily enforceable against the ‘State’ as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of ‘State’ against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. A court’s administrative actions might be challengeable, but its judicial decisions are subject to appeal procedures, not direct challenge under fundamental rights as actions of the ‘State’.

Government companies, Municipal corporations, and Statutory corporations have all been held by the Supreme Court to fall within the definition of ‘State’ under Article 12 in certain circumstances, making them amenable to fundamental rights claims.

64. Parliament cannot make law on which one of the following subjects, exc

Parliament cannot make law on which one of the following subjects, except for a Union Territory ?

[amp_mcq option1=”Insurance” option2=”Railways” option3=”Banking” option4=”Fisheries” correct=”option4″]

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The correct answer is D) Fisheries.

The legislative powers are divided between the Union and States according to the Seventh Schedule. Subjects in the Union List are exclusively for Parliament, subjects in the State List are primarily for State Legislatures, and subjects in the Concurrent List are for both. Fisheries is listed in the State List (Entry 21). Insurance (Entry 47), Railways (Entry 22), and Banking (Entry 45) are listed in the Union List. Parliament has exclusive power to legislate on Union List subjects throughout India. State Legislatures have exclusive power to legislate on State List subjects within their state. However, under Article 246(4), Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State (i.e., Union Territories), even if that matter is enumerated in the State List. Therefore, Parliament ordinarily cannot make laws on Fisheries for a State, but it can make laws on Fisheries for a Union Territory.

Parliament can legislate on State List subjects for states under certain exceptional circumstances too, such as when the Rajya Sabha passes a resolution (Article 249), during a National Emergency (Article 250), when states consent (Article 252), to implement international treaties (Article 253), or during President’s rule (Article 356). However, the question refers to the normal power “except for a Union Territory”, highlighting a subject ordinarily restricted to states but fully under Parliament’s power for UTs.

65. In context of the Constitution of India, what is the significance of “

In context of the Constitution of India, what is the significance of “Writ of Mandamus”?

[amp_mcq option1=”It orders a public official to perform his/her duty correctly” option2=”It is a writ against unlawful detention” option3=”It is a writ for the enforcement of non-fundamental rights” option4=”It is a writ for acquiring lands and properties” correct=”option1″]

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The correct answer is A) It orders a public official to perform his/her duty correctly.

The writ of Mandamus (meaning ‘we command’) is a judicial remedy in the form of an order from a superior court, to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do. It is issued to compel the performance of a public duty by a public official or body that has failed or refused to perform it.

Option B describes Habeas Corpus. Option C relates to the scope of writs under Article 226 but not the specific function of Mandamus. Option D is unrelated to the function of a writ.

66. Consider the following statements regarding the election of the Presid

Consider the following statements regarding the election of the President of India :

Every Member of Parliament can vote in the election of the President of India.
Every elected Member of Parliament can vote in the election of the President of India.
Every elected member of a State Legislative Assembly can vote in the election of the President of India.

Which of the above statements is/are not correct ?

[amp_mcq option1=”1 only” option2=”2 and 3 only” option3=”3 only” option4=”1 and 2 only” correct=”option1″]

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The correct answer is A) 1 only.

The President of India is elected by an electoral college consisting of: (i) the elected members of both Houses of Parliament; and (ii) the elected members of the Legislative Assemblies of the States. The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry are also included in the electoral college by virtue of the 70th Amendment Act, 1992. Nominated members of Parliament and members of State Legislative Councils do not participate in the President’s election.
Statement 1 is incorrect because nominated Members of Parliament do not vote.
Statement 2 is correct because every elected Member of Parliament (from both Lok Sabha and Rajya Sabha) votes.
Statement 3 is correct because every elected member of a State Legislative Assembly votes.
Therefore, only statement 1 is not correct.

The election is held in accordance with the system of proportional representation by means of a single transferable vote, and the voting is by secret ballot.

67. Which writ can be issued in case of illegal arrest ?

Which writ can be issued in case of illegal arrest ?

[amp_mcq option1=”Mandamus” option2=”Habeas corpus” option3=”Quo warranto” option4=”Prohibition” correct=”option2″]

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The correct answer is B) Habeas corpus.

The writ of Habeas Corpus (meaning ‘to have the body of’) is issued by a court to a person or authority who has detained another person, directing them to produce the body of the detained person before the court. The court then examines the legality of the detention and, if found to be illegal, orders the release of the person. This writ is a crucial safeguard against arbitrary arrest and detention.

Mandamus is a command to perform a public duty. Quo Warranto challenges the authority by which a person holds a public office. Prohibition is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction.

68. Which one of the following statements is not correct regarding the Pre

Which one of the following statements is not correct regarding the President of India ?

[amp_mcq option1=”The President of India is part of the Parliament.” option2=”The President of India can on his own dismiss a Union Minister for misconduct.” option3=”The President of India can ask the Union Council of Ministers to re-consider its advice given to him.” option4=”The President of India can pardon a person sentenced to death.” correct=”option2″]

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The correct answer is B) The President of India can on his own dismiss a Union Minister for misconduct.

Union Ministers hold office during the pleasure of the President (Article 75(2)). However, this ‘pleasure’ is exercised by the President on the advice of the Prime Minister. The President cannot dismiss a minister at his own discretion. The Prime Minister can advise the President to dismiss a minister, and the President is bound by this advice.

A) The President is an integral part of the Parliament (Article 79). C) The President can ask the Council of Ministers to reconsider their advice, but must act on the reconsidered advice (Article 74 as amended by 44th Amendment). D) The President has the power to pardon, including commuting a death sentence (Article 72).

69. Which one of the following is not a feature of a federal system of Gov

Which one of the following is not a feature of a federal system of Government ?

[amp_mcq option1=”Division of powers between the Central and State Governments” option2=”A written Constitution” option3=”Single citizenship” option4=”Bicameral legislature” correct=”option3″]

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The correct answer is C) Single citizenship.

A federal system is characterised by features such as the division of powers between different levels of government, a written constitution to define this division, the supremacy of the constitution, independent judiciary, and often a bicameral legislature (where one house represents the units of the federation). Single citizenship is a characteristic of the Indian federal system (which has unitary biases) but is not a defining or universal feature of all federal systems. Many classical federal states like the USA have dual citizenship (citizenship of the federation and citizenship of the state).

India’s Constitution, while federal in structure with division of powers, written constitution, etc., incorporates several unitary features, including single citizenship, a strong centre, single integrated judiciary, and emergency provisions.

70. What is the total number of writs which High Courts can issue ?

What is the total number of writs which High Courts can issue ?

[amp_mcq option1=”4″ option2=”5″ option3=”6″ option4=”7″ correct=”option2″]

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The correct answer is B) 5.

The High Courts in India are empowered under Article 226 of the Constitution to issue writs. The traditional types of writs that can be issued are five: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These writs are powerful instruments for the enforcement of fundamental rights and also for other legal rights.

The Supreme Court, under Article 32, can also issue these five writs, but only for the enforcement of fundamental rights. High Courts have a wider writ jurisdiction as they can issue these writs for the enforcement of fundamental rights and for ‘any other purpose’, which includes the enforcement of ordinary legal rights.