31. Under the Constitution, the power to issue a writ of Habeas Corpus is vested in
Correct Answer:-C ( Both Supreme Court and High Courts )
Description:- Indian Constitution has adopted 5 Prerogative writs. Article 13 clearly states that Laws inconsistent with or in derogation of the fundamental rights are void. The Supreme Court (Under Article 32) and the High Courts (Under Article 226) are empowered to issue writs for the enforcement of fundamental rights against any authority of the State.
32. Which of the following is a bulwark of personal freedom ?
Correct Answer:-B ( Habeas corpus )
Description:- Habeas corpus is a bulwark of personal freedom. It is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person. It protects the individual from harming him or herself, or from being harmed by the judicial system. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.
33. The writs for the enforcement of Fundamental Rights are issued by
Correct Answer:-C ( The Supreme Court )
Description:- Under the Indian legal system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court, and to the High Courts of Judicature of all Indian states. Parts of the law relating to writs are set forth in the Constitution of India. The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights, while High Courts, the superior courts of the States, may issue writs under Articles 226.
34. Evaluate the following statements : (I) The legal interpretation of equality is chiefly influenced by equality before law and equal protection of law (II) Equality before law means rule of law
Correct Answer:-C ( Both are correct )
Description:- Equality before the law, also known as legal equality, is the principle under which all people are subject to the same laws of justice (due process). Article 14 of Indian Constitution declares that “the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India”. Equality before the law is an expression of English Common Law while “equal protection of laws” owes its origin to the American Constitution. Both the phrases aim to establish what is called the “equality to status and of opportunity” as embodied in the Preamble of the Constitution. The rule of law is a legal maxim whereby governmental decisions are made by applying known legal principles. Rule of law implies that every citizen is subject to the law. Rule of Law means (a) equality before the law, (b) every citizen is subject to the ordinary law of the land and (c) the citizen has to face trial in the same law courts, irrespective of his status or position in the society
35. A writ issued by the Supreme Court compelling a quasijudicial/ public authority to perform its mandatory duty is
Correct Answer:-B ( Mandamus )
Description:- The term “mandamus” literally means “command.” Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.
36. By which of the following modes can citizenship be acquired ? i. By Birth ii. Hereditary iii. By Registration iv. By Request
Correct Answer:-B ( i, ii and iii )
Description:- Any person born in India, on or after 26 January, 1950 but prior to the commencement of the 1986 Act on 1 July, 1987, is a citizen of India by birth. The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to certain categories. Persons born outside India on or after 26 January, 1950 but before 10 December, 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.
37. In which of the following cases, the Supreme Court held that fundamental rights are unamendable ?
Correct Answer:-B ( Keshvananda Bharti’s case )
Description:- In 1967, in Golak Nath vs. The State of Punjab, a bench of eleven judges (such a large bench constituted for the first time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. This question had previously been considered in Shankari Prasad v. Union of India and Sajjan Singh v. State of Rajasthan. In both cases, the power to amend the rights had been upheld on the basis of Article 368. Six years later in 1973, thirteen judges of the Supreme Court, including then Chief Justice Sikri, heard arguments in Kesavananda Bharati v. The State of Kerala and thus considered the validity of the 24th, 25th and 29th amendments, and more basically the correctness of the decision in the Golak Nath case. This time, the court held, by the thinnest of margins of 7-6, that although no part of the constitution, including fundamental rights, was beyond the amending power of Parliament (thus overruling the 1967 case), the “basic structure of the Constitution could not be abrogated even by a constitutional amendment”.
38. ‘Directive Principles’ in our Constitution are
Correct Answer:-D ( non-enforceable in the courts of law )
Description:- The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.
39. Which of the following expressions does not figure in the Preamble to the Indian Constitution?
Correct Answer:-D ( Federal )
Description:- As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this to read “sovereign socialist secular democratic republic”
40. Right to property was removed from the list of Fundamental Rights during the rule of
Correct Answer:-B ( Morarji Desai Government )
Description:- The Constitution originally provided for the right to property under Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property. Article 31 provided that “no person shall be deprived of his property save by authority of law.” It also provided that compensation would be paid to a person whose property has been taken for public purposes. The Forty-Forth Amendment of 1978 deleted the right to property from the list of fundamental rights.
41. The chapter on Fundamental Duties includes
Correct Answer:-A ( Duty to cherish and follow the noble ideals which inspired out freedom movement. )
Description:- The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976. Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defense.
42. Which part of the Indian Constitution deals with the Directive Principles of State Policy?
Correct Answer:-C ( Part IV )
Description:- The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India.
43. How many types of writs can be issued by the Supreme Court?
Correct Answer:-C ( Five )
Description:- The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights, while High Courts, the superior courts of the States, may issue writs under Articles 226. The Constitution broadly provides for five kinds of “prerogative” writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition.
44. The Preamble of our Constitution reads India as
Correct Answer:-D ( Sovereign, Socialist, Secular, Democratic Republic )
Description:- The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Fortysecond Amendment changed this to read “sovereign socialist secular democratic republic”.
45. Who is the guardian of Fundamental Rights enumerated in Indian Constitution ?
Correct Answer:-A ( Supreme Court )
Description:- The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court and guardian of the Constitution.
46. Which part of the Indian Constitution deals with ‘Fundamental Rights’ ?
Correct Answer:-C ( Part III )
Description:- ‘Part III – Fundamental Rights’ is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.
47. How many Fundamental Duties are in the Indian Constitution ?
Correct Answer:-A ( Eleven )
Description:- Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years.
48. Fundamental Rights are not given to
Correct Answer:-B ( Aliens )
Description:- The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by society.
49. ‘Consent of the people’ means consent of
Correct Answer:-C ( Majority of the people )
Description:- Governments and laws derive their legitimacy form the consent of the people. It means majority of the people.
50. The Directive Principles of State Policy was adopted from the
Correct Answer:-D ( Irish Constitution )
Description:- The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters. The makers of the Constitution of India were influenced by the Irish nationalist movement. Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of State Policy.
51. Which one of the following is the guardian of Fundamental Rights?
Correct Answer:-D ( Judiciary )
Description:- Fundamental Rights are those rights and freedoms of the people of India, which enjoy constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. Supreme Court is the guardian protector of fundamental rights. The right to move to the courts for securing the fundamental rights is a very valuable right of the people. Citizens can go to the Supreme Court or the high Courts for getting their fundamental rights enforced. It empowers the Courts to issue directions or orders or writs for this purpose.
52. The idea of ‘Directive Principles of State Policy’ was borrowed by the framers of the Indian Constitution from the Constitution of
Correct Answer:-C ( the Republic of Ireland )
Description:- The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. Article 45 of the Irish Constitution outlines a number of broad principles of social and economic policy. Its provisions are, however, intended solely “for the general guidance of the Oireachtas”, and “shall not be cognizable by any Court under any of the provisions of this Constitution.”
53. Which one of the following fundamental rights is available to Indian citizens only ?
Correct Answer:-C ( Protection from discrimination on grounds of religion, race, caste, sex or place of birth )
Description:- Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India. The right to life and personal liberty is available to all people and so is the right to freedom of religion. On the other hand, freedoms of speech and expression and freedom to reside and settle in any part of the country are reserved to citizens alone, including non-resident Indian citizens. Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex, place of birth, or any of them. Article 16 guarantees equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them.
54. Which of the following Articles of the Constitution deals with the Fundamental Duties ?
Correct Answer:-B ( Article 51 A )
Description:- The Forty-second Amendment of the Constitution of India, enacted in 1976, laid down the Fundamental Duties of Indian citizens to the nation. The amendment inserted Article 51A to create a new part called IV-A in the Constitution, which prescribed the fundamental duties to the citizens.
55. The Preamble to our Constitution makes no mention of
Correct Answer:-D ( Adult franchise )
Description:- The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document.. It says: “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY, of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”
56. Which part of the Constitution deals with the Directive Principles of State Policy?
Correct Answer:-B ( Part-IV )
Description:- The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the State to guide the establishment of an economic and social democracy, as proposed by the Preamble.
57. Fundamental Duties were added to the Constitution by
Correct Answer:-C ( 42nd Amendment )
Description:- The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.
58. A Secular State is one which :
Correct Answer:-A ( has no religion of its own )
Description:- A secular state is a concept of secularism, whereby a state or country purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen from a particular religion/non-religion over other religions/ non-religion. Secular states do not have a state religion or equivalent, although the absence of a state religion does not guarantee that a state is secular
59. Freedom of the press is implied in the right to
Correct Answer:-B ( freedom of speech )
Description:- Freedom of the press or freedom of the media is the freedom of communication and expression through mediums including various electronic media and published materials. The concept of freedom of speech is often covered by the same laws as freedom of the press, thereby giving equal treatment to spoken and published expression.
60. Fundamental Rights granted to the Indian citizens
Correct Answer:-B ( can be suspended )
Description:- The Fundamental Rights can be suspended during the Emergency under Article 359 of the Constitution by the President of India. During national emergency, these rights can be suspended but not those conferred in articles 20 and 21.
