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All questions of Constitution of India for CLAT Exam
A defamatory statement made in permanent form such as writing, pictures or film is known as- a)Libel
- b)Slander
- c)Larceny
- d)Pilfer
Correct answer is option 'A'. Can you explain this answer?
A defamatory statement made in permanent form such as writing, pictures or film is known as
a)
Libel
b)
Slander
c)
Larceny
d)
Pilfer
|
Tanvi Dey answered |
Libel is a representation made in a permanent form like writing, movie, picture etc. For e.g., X printed some advertisement saying Y is bankrupt but Y was not thus it was representation in a specific form.
Slander, on the other hand is the publication of a defamatory statement in transient form like spoken words or gestures. For e.g., A questions the chastity of B in an interview, A is slanderous.
Which one of the following does not find place in preamble of the constitution of India?- a)Integrity
- b)Sovereignty
- c)Morality
- d)Justice
Correct answer is option 'C'. Can you explain this answer?
Which one of the following does not find place in preamble of the constitution of India?
a)
Integrity
b)
Sovereignty
c)
Morality
d)
Justice
|
Dia Mehta answered |
Preamble states:
- “We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic addicted 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.
Which one of the following is not a salient feature of the Indian judiciary?- a)It is separate from executive
- b)It is the highest law making body
- c)It is the final interpreter of the constitution
- d)It is free and independent
Correct answer is option 'B'. Can you explain this answer?
Which one of the following is not a salient feature of the Indian judiciary?
a)
It is separate from executive
b)
It is the highest law making body
c)
It is the final interpreter of the constitution
d)
It is free and independent
|
Avantika Chakraborty answered |
In the United States, at the federal level, the "highest" law-making body is Congress, divided into the House of Representatives (the "lower house") and the Senate (the "upper house"). However, one should note that outside those two, there are no other law-making bodies in the United States government.
At the state level, it depends on the state. Most states also have a bicameral legislature, and the process is similar to the federal process. Nebraska has a unicameral legislature, so there's only one house for laws to be made in.
Additionally, I question the premise of this question. The United States Constitution reserves certain powers for the federal government, while giving all other powers not specifically granted to the federal government to the states. Thus for most cases, there is not a "lowest" or "highest" law-making body. There is only ONE law-making body.
In which case it was held that preamble is not a part of constitution of India?
- a)Keshavananda bharti case
- b)Re berubari case
- c)A.K.Gopalan case
- d)D.K. basu case
Correct answer is option 'B'. Can you explain this answer?
In which case it was held that preamble is not a part of constitution of India?
a)
Keshavananda bharti case
b)
Re berubari case
c)
A.K.Gopalan case
d)
D.K. basu case
|
Kavya Sharma answered |
In the Berubari Union16 case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution.
In which article of constitution the govt. abolished the practice of untouchability- a)Art. 20
- b)Art. 19
- c)Art. 18
- d)Art. 17
Correct answer is option 'D'. Can you explain this answer?
In which article of constitution the govt. abolished the practice of untouchability
a)
Art. 20
b)
Art. 19
c)
Art. 18
d)
Art. 17
|
|
Kavya Sharma answered |
Article 17 : Constitution of India. Untouchability is abolished and its practice in any form is forbidden The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law. Article 17 deals with Abolition of Untouchability and it states “ 'Untouchability' is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of 'Untouchability' shall be an offence punishable in accordance with law.” 3.
The Indian constitution closely follows the constitutional system of- a)USA
- b)UK
- c)Australia
- d)USSR
Correct answer is option 'B'. Can you explain this answer?
The Indian constitution closely follows the constitutional system of
a)
USA
b)
UK
c)
Australia
d)
USSR
|
Anaya Patel answered |
The Indian Constitution closely follows the constitutional system of the United Kingdom.
This can be seen by the fact that the Indian Constitution has borrowed the following features from the British Constitution:
- The office of the president of India is based upon the British Queen who is a ceremonial head of the state.
- The Cabinet system of government in India is based upon the Cabinet system as prevailing in the U.K.
- Our Prime Minister is also a replica of the British Prime Minister.
- The parliament type of government has also been adopted from the British system.
- Just like the U.K our Parliament is also bicameral, i.e it has two Houses, the Lok Sabha and the Rajya Sabha.
- The Lok Sabha, the Lower house of parliament in India, is also more powerful than the House of Commons in the United Kingdom.
- Like in the U.K, the presiding officer of Lok Sabha is also known as the speaker. Some of his powers are identical to those of the speaker in England.
- The privileges of the Members of Parliament in India are also similar to those enjoyed by their counterparts in the U.K.
(For questions 14-18)
Rules
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.
Q. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:
- 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 GMS cannot bind him as it impinges on his freedom not to join any association.
- c)The employment contract infringes Syed Monirul Alam’s freedom to decide with whom to associate and therefore is legally not enforceable.
- d)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.
Correct answer is option 'D'. Can you explain this answer?
(For questions 14-18)
Rules
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.
Q. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:
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 GMS cannot bind him as it impinges on his freedom not to join any association.
c)
The employment contract infringes Syed Monirul Alam’s freedom to decide with whom to associate and therefore is legally not enforceable.
d)
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.
|
|
Anaya Patel answered |
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.
Refer rule D.
Constitution of India was adopted by constituent assembly on?A: 25 October, 1948B: 25 October, 1949C: 26 November, 1948D: 26 November, 1949Correct answer is option 'D'. Can you explain this answer?
|
Sarika rane answered |
Constitution of India was adopted by the constituent assembly on 26th November 1949.
Explanation:
- The Constitution of India was drafted by the Constituent Assembly, which was formed on December 9, 1946.
- The Constituent Assembly was tasked with the responsibility of drafting the Constitution for India, which would serve as the supreme law of the country.
- The drafting process took almost three years, with the final draft being submitted on November 4, 1949.
- The Constituent Assembly held several meetings to discuss and debate the provisions of the Constitution.
- Finally, on November 26, 1949, the Constitution was adopted by the Constituent Assembly.
- The Constitution came into effect on January 26, 1950, which is celebrated as Republic Day in India.
In summary, the Constitution of India was adopted by the Constituent Assembly on November 26, 1949, after almost three years of drafting and deliberations.
Explanation:
- The Constitution of India was drafted by the Constituent Assembly, which was formed on December 9, 1946.
- The Constituent Assembly was tasked with the responsibility of drafting the Constitution for India, which would serve as the supreme law of the country.
- The drafting process took almost three years, with the final draft being submitted on November 4, 1949.
- The Constituent Assembly held several meetings to discuss and debate the provisions of the Constitution.
- Finally, on November 26, 1949, the Constitution was adopted by the Constituent Assembly.
- The Constitution came into effect on January 26, 1950, which is celebrated as Republic Day in India.
In summary, the Constitution of India was adopted by the Constituent Assembly on November 26, 1949, after almost three years of drafting and deliberations.
Which article has abolished the child labour?- a)Art. 27
- b)Art. 24
- c)Art. 25
- d)Art. 29
Correct answer is option 'B'. Can you explain this answer?
Which article has abolished the child labour?
a)
Art. 27
b)
Art. 24
c)
Art. 25
d)
Art. 29
|
|
Anaya Patel answered |
Article 24 of the Indian constitution clearly states that, "No child below the age of fourteen years shall be employed to work in any factory or mine or employed in any hazardous employment.
The right to equality(a)Permits the state to make the discrimination on ground of residence
b)Permits the state to make special provisions for women, children and backward classesc)Prevents the state from making special provisions for women, children and backward classesd)Do not permits the state to make discrimination on ground of residenceCorrect answer is option 'B'. Can you explain this answer?
|
|
Anaya Patel answered |
Every person shall have equal admittance to public places like public wells, bathing ghats, museums, temples etc. However, the State has the right to make any special arrangement for women and children or for the development of any socially or educationally backward class or scheduled castes or scheduled tribes.
Right to vote is a- a)Legal right
- b)Directive principle
- c)Non statutory right
- d)Fundamental right
Correct answer is option 'A'. Can you explain this answer?
Right to vote is a
a)
Legal right
b)
Directive principle
c)
Non statutory right
d)
Fundamental right
|
|
Tanvi Dey answered |
A legal right is created by an ordinary law and can be taken away by changing the law. A fundamental right, on the other hand, is guaranteed by the Constitution and allows a citizen to move Supreme Court for its enforcement.
Which articles defines prohibition of discrimination only on grounds of religion, place, caste, sex or place of birth?- a)Art. 16
- b)Art. 15
- c)Art. 17
- d)Art. 14
Correct answer is option 'B'. Can you explain this answer?
Which articles defines prohibition of discrimination only on grounds of religion, place, caste, sex or place of birth?
a)
Art. 16
b)
Art. 15
c)
Art. 17
d)
Art. 14
|
Niyati patel answered |
Article 15 of the Indian Constitution prohibits discrimination only on grounds of religion, place, caste, sex or place of birth.
Explanation:
- Article 15 is a fundamental right enshrined in the Indian Constitution that prohibits discrimination against any citizen on the grounds of religion, race, caste, sex or place of birth.
- It states that no citizen shall be subjected to any disability, liability, restriction or condition on these grounds.
- This article applies to all citizens, including the State and private individuals, and is enforceable by the judiciary.
- The article also empowers the State to make special provisions for women and children and for the advancement of socially and educationally backward classes or Scheduled Castes and Scheduled Tribes.
- However, the article does not prohibit discrimination on other grounds such as language, profession, political opinion, etc.
Explanation:
- Article 15 is a fundamental right enshrined in the Indian Constitution that prohibits discrimination against any citizen on the grounds of religion, race, caste, sex or place of birth.
- It states that no citizen shall be subjected to any disability, liability, restriction or condition on these grounds.
- This article applies to all citizens, including the State and private individuals, and is enforceable by the judiciary.
- The article also empowers the State to make special provisions for women and children and for the advancement of socially and educationally backward classes or Scheduled Castes and Scheduled Tribes.
- However, the article does not prohibit discrimination on other grounds such as language, profession, political opinion, etc.
Judicial review signifies that the supreme court- a)Has the final authority over all the cases
- b)Can impeach the president
- c)Can review the cases decided by the high courts
- d)Can declare a state law as unconstitutional.
Correct answer is option 'D'. Can you explain this answer?
Judicial review signifies that the supreme court
a)
Has the final authority over all the cases
b)
Can impeach the president
c)
Can review the cases decided by the high courts
d)
Can declare a state law as unconstitutional.
|
|
Anaya Patel answered |
Judicial review, power of the courts of a Country more to examine the actions of the legislative, executive and administrative arms of the government. Actions judged inconsistent are declared unconstitutional and therefore, null and void.
Who among the following is known as father of Indian constitution?- a)B.R. Ambedkar
- b)Mahatma Gandhi
- c)Jawaharlal Nehru
- d)Vallabh bhai patel
Correct answer is option 'A'. Can you explain this answer?
Who among the following is known as father of Indian constitution?
a)
B.R. Ambedkar
b)
Mahatma Gandhi
c)
Jawaharlal Nehru
d)
Vallabh bhai patel
|
|
Kavya Sharma answered |
Dr. Babasaheb Ardinmbedkar is known as the Architect as well as the father of the Constitution. The crucial task of presenting the draft to the Constituent Assembly, of replying to all the queries as well as of revising the original draft according to the suggestions of the Constituent Assembly was shouldered by Dr. Babasaheb Ambedkar. Due to this fundamental contribution in the making of the Constitution, Dr. Babasaheb Ambedkar is rightly known as the Architect and the Constitution of India and the Government of India honoured Dr.Ambedkar by awarding India's highest civilian award the 'Bharat Ratna' in the year 1990, posthumously to the architect of the Indian Constitution, which came into force from 26th January 1950.
In which of the following ways can Indian citizenship be acquired?- a)By naturalization
- b)By descent
- c)By registration
- d)All of these
Correct answer is option 'D'. Can you explain this answer?
In which of the following ways can Indian citizenship be acquired?
a)
By naturalization
b)
By descent
c)
By registration
d)
All of these
|
|
Anaya Patel answered |
There are 5 ways to acquire Indian citizenship:
- by Birth
- by Descent
- by Registration
- by Naturalization
- by Incorporation of territories
Which of the following is not a directive principle of the state policy?- a)To raise the level of nutrition
- b)To develop the scientific temper
- c)To promote economic interest of weaker sections
- d)To separate the judiciary from the executive
Correct answer is option 'B'. Can you explain this answer?
Which of the following is not a directive principle of the state policy?
a)
To raise the level of nutrition
b)
To develop the scientific temper
c)
To promote economic interest of weaker sections
d)
To separate the judiciary from the executive
|
|
Aryan Khanna answered |
The correct answer is: B: To develop the scientific temperExplanation:Directive Principles of State Policy (DPSP) are guidelines or principles for the governments (both central and state) in India to be followed while making policies and laws. These principles aim to establish social and economic democracy in the country. Among the given options, the following are Directive Principles of State Policy:- A: To raise the level of nutrition - This principle is mentioned in Article 47 of the Indian Constitution. It directs the state to raise the level of nutrition and improve public health as a primary duty.- C: To promote economic interest of weaker sections - This principle is mentioned in Article 46 of the Indian Constitution. It directs the state to promote the educational and economic interests of the weaker sections of society, particularly the Scheduled Castes and Scheduled Tribes.- D: To separate the judiciary from the executive - This principle is mentioned in Article 50 of the Indian Constitution. It directs the state to ensure the separation of the judiciary from the executive in order to maintain the independence of the judiciary.However, option B, "To develop the scientific temper," is not a Directive Principle of State Policy. It is a Fundamental Duty mentioned in Article 51A(h) of the Indian Constitution. It states that it is the duty of every citizen of India to develop the scientific temper, humanism, and the spirit of inquiry and reform.
In which house of the parliament can the proceedings of impeachment of president be initiated?- a)Lok Sabha
- b)Rajya Sabha
- c)Both A and B
- d)Either A and B
Correct answer is option 'D'. Can you explain this answer?
In which house of the parliament can the proceedings of impeachment of president be initiated?
a)
Lok Sabha
b)
Rajya Sabha
c)
Both A and B
d)
Either A and B
|
|
Anaya Patel answered |
Article 61(1) in The Constitution Of India 1949
When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions 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 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
Correct answer is option 'C'. Can you explain this answer?
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions 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 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
|
Nishanth Mukherjee answered |
Minority Rights and Educational Institutions
Assertion: All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Reason: Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
The correct answer is option C, where A is true but R is false.
Explanation:
The Constitution of India guarantees minorities the right to establish and administer educational institutions of their choice under Article 30. This right is not limited to religious minorities but extends to linguistic minorities as well. This right is considered essential to preserve the identity and culture of these minorities.
However, the reason given in option R is not entirely correct. While it is true that institutions established by minorities are not entitled to governmental aid, it is not true that the government is not under an obligation to give aid. The government is obligated to provide aid to all educational institutions, including those established by minorities, if they meet certain criteria.
The criteria for providing aid to educational institutions, including those established by minorities, are laid down in the Constitution as well as various laws and policies. For example, the government may provide aid to institutions that meet certain standards of quality and infrastructure, or those that offer courses in subjects of national importance.
In conclusion, while minorities do have the right to establish and administer educational institutions of their choice, the government may provide aid to these institutions if they meet certain criteria. Therefore, option A is true, but option R is false.
Assertion: All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Reason: Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
The correct answer is option C, where A is true but R is false.
Explanation:
The Constitution of India guarantees minorities the right to establish and administer educational institutions of their choice under Article 30. This right is not limited to religious minorities but extends to linguistic minorities as well. This right is considered essential to preserve the identity and culture of these minorities.
However, the reason given in option R is not entirely correct. While it is true that institutions established by minorities are not entitled to governmental aid, it is not true that the government is not under an obligation to give aid. The government is obligated to provide aid to all educational institutions, including those established by minorities, if they meet certain criteria.
The criteria for providing aid to educational institutions, including those established by minorities, are laid down in the Constitution as well as various laws and policies. For example, the government may provide aid to institutions that meet certain standards of quality and infrastructure, or those that offer courses in subjects of national importance.
In conclusion, while minorities do have the right to establish and administer educational institutions of their choice, the government may provide aid to these institutions if they meet certain criteria. Therefore, option A is true, but option R is false.
There shall be a president of India provided under- a)Art. 53
- b)Art. 54
- c)Art. 52
- d)Art. 55
Correct answer is option 'C'. Can you explain this answer?
There shall be a president of India provided under
a)
Art. 53
b)
Art. 54
c)
Art. 52
d)
Art. 55
|
|
Anaya Patel answered |
C is the correct option. Article 52 proves that there shall be a President of the country.
Can a person waive his fundamental right?- a)Yes
- b)No
- c)Partly
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Can a person waive his fundamental right?
a)
Yes
b)
No
c)
Partly
d)
None of the above
|
|
Kavya Sharma answered |
The fundamental rights are mandatory on the state and no citizen can by his act or conduct relieve the state of the solemn obligation imposed on it. Behram's case , that an individual could waive a fundamental right which is for his own benefits but he cannot waive a fundamental right which is for a public benefit.
Who is Amicus Curiae- a)A party to a case
- b)A friend of the court or tribunal
- c)He is a public prosecutor otherwise designated as Advocate General.
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Who is Amicus Curiae
a)
A party to a case
b)
A friend of the court or tribunal
c)
He is a public prosecutor otherwise designated as Advocate General.
d)
None of the above
|
|
Kavya Sharma answered |
Amicus curiae or amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as “friend of the court”, that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.
The speaker of Lok Sabha is- a)Appointed by the president
- b)Appointed by the president on the recommendation of prime minister
- c)Elected by the members of the two houses at a joint sitting
- d)Elected by the members of the Lok Sabha
Correct answer is option 'D'. Can you explain this answer?
The speaker of Lok Sabha is
a)
Appointed by the president
b)
Appointed by the president on the recommendation of prime minister
c)
Elected by the members of the two houses at a joint sitting
d)
Elected by the members of the Lok Sabha
|
|
Anaya Patel answered |
The speaker is elected generally in the first meeting of the Lok Sabha following general elections. Serving for a term of five years, the speaker chosen from sitting members of the Lok Sabha (House of the People), and is by convention a member of the ruling party or alliance.
How can the citizenship of India be terminated?
a)By renunciationb)By terminationc)By deprivationd)All of above
Correct answer is option 'D'. Can you explain this answer?
How can the citizenship of India be terminated?
a)By renunciation
b)By termination
c)By deprivation
d)All of above
|
|
Anaya Patel answered |
Termination of citizenship
The Citizenship Act, 1955 also lays down three modes by which an Indian citizen may lose his/her citizenship:
(i) Renunciation is a voluntary act by which a person, after acquiring the citizenship of another country, gives up his Indian citizenship. This provision is subject to certain conditions.
(ii) Termination takes place by operation of law when an Indian citizen voluntarily acquires the citizenship of another country. He automatically ceases to be an Indian citizen.
(iii) Deprivation is a compulsory termination of the citizenship of India obtained by Registration or Naturalisation, by the Government of India, on charges of using fraudulent means to acquire citizenship.
The Citizenship Act, 1955 also lays down three modes by which an Indian citizen may lose his/her citizenship:
(i) Renunciation is a voluntary act by which a person, after acquiring the citizenship of another country, gives up his Indian citizenship. This provision is subject to certain conditions.
(ii) Termination takes place by operation of law when an Indian citizen voluntarily acquires the citizenship of another country. He automatically ceases to be an Indian citizen.
(iii) Deprivation is a compulsory termination of the citizenship of India obtained by Registration or Naturalisation, by the Government of India, on charges of using fraudulent means to acquire citizenship.
Who among the following was the chairman of drafting committee?- a)Dr. B.R.Ambedkar
- b)Motilal Nehru
- c)M.K. Gandhi
- d)Sardar vallabhbhai patel
Correct answer is option 'A'. Can you explain this answer?
Who among the following was the chairman of drafting committee?
a)
Dr. B.R.Ambedkar
b)
Motilal Nehru
c)
M.K. Gandhi
d)
Sardar vallabhbhai patel
|
Prerna Sen answered |
On 29th August 1947, the Constituent Assembly through a resolution appointed a Drafting Committee to
“..scrutinise the draft of the text of the Constitution of India prepared by Constitutional Adviser, giving effect to the decisions already taken in the Assembly and including all matters which are ancillary thereto or which have to be provided in such a Constitution, and to submit to the Assembly for consideration the text of the draft constitution as revised by the committee”
The Drafting Committee had seven members: Alladi Krishnaswami Ayyar, N. Gopalaswami; B.R. Ambedkar, K.M Munshi, Mohammad Saadulla, B.L. Mitter and D.P. Khaitan. At its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman.
Which of the following persons can attend the session of the parliament but has no right to vote:- a)The speaker
- b)CAG
- c)Chief justice of India
- d)Attorney general for India
Correct answer is option 'D'. Can you explain this answer?
Which of the following persons can attend the session of the parliament but has no right to vote:
a)
The speaker
b)
CAG
c)
Chief justice of India
d)
Attorney general for India
|
|
Dia Mehta answered |
Answer: D. Attorney General for IndiaExplanation:
- The Attorney General for India is the chief legal advisor to the Indian government and its primary lawyer in the Supreme Court of India.
- As per the Constitution of India, the Attorney General has the right to attend and speak in both the Houses of the Parliament and its joint sitting, as well as their committee meetings.
- However, the Attorney General is not a member of the Parliament and does not have the right to vote in any of its sessions.
- This is because the Attorney General holds a constitutional position and is expected to maintain impartiality while assisting and advising the government in legal matters.
How long did the constituent assembly take to finally pass the constitution?- a)2 yrs. 11 months and 18 days
- b)2 yrs. 11 months and 26 days
- c)2 yrs. 8 months and 18 days
- d)3 yrs. 11 months and 18 days
Correct answer is option 'A'. Can you explain this answer?
How long did the constituent assembly take to finally pass the constitution?
a)
2 yrs. 11 months and 18 days
b)
2 yrs. 11 months and 26 days
c)
2 yrs. 8 months and 18 days
d)
3 yrs. 11 months and 18 days
|
Bijoy Pillai answered |
The constituent assembly had 11 sessions over 2 years 11 months and 18 days. The constitution makers had gone through the constitutions of about 60 countries, and the Draft Constitution was considered for 114 days.
No citizen of India shall accept any title from any foreign state is mentioned under which article of the constitution?- a)Art. 16
- b)Art. 16 (1)
- c)Art. 17
- d)Art. 18
Correct answer is option 'D'. Can you explain this answer?
No citizen of India shall accept any title from any foreign state is mentioned under which article of the constitution?
a)
Art. 16
b)
Art. 16 (1)
c)
Art. 17
d)
Art. 18
|
Aarohi Chouksey answered |
The article 18 of the constitution which lies in part 3 states and explains that any kind of majestic titles will not be applicable and the titles such as colonels major will not proceed to the heir of the person..
The writ of certiorari is issued by a superior court- a)To an inferior court to stop further proceedings in a particular case
- b)To an inferior court to transfer the record of proceedings in a case for its review
- c)To an officer to show his right to hold a particular office
- d)Both A and B
Correct answer is option 'B'. Can you explain this answer?
The writ of certiorari is issued by a superior court
a)
To an inferior court to stop further proceedings in a particular case
b)
To an inferior court to transfer the record of proceedings in a case for its review
c)
To an officer to show his right to hold a particular office
d)
Both A and B
|
|
Nishtha Pandey answered |
Certiorari is a remedy used by superior court to quash an order or decision of a lower court or administrative body without any jurisdiction. The writ of certiorari can be issued by the SC or any HC for quashing the order passed by any inferior court.
In the event of non enforcement of directive principles by the govt. the citizen can approach- a)Any court of his choice
- b)The high court
- c)The supreme court
- d)None of these
Correct answer is option 'D'. Can you explain this answer?
In the event of non enforcement of directive principles by the govt. the citizen can approach
a)
Any court of his choice
b)
The high court
c)
The supreme court
d)
None of these
|
|
Nishtha Pandey answered |
DPSPs r not justiciable in nature cuz they r not legally enforceable by the courts for their violation.Therefore, the govt can not be compelled to implement them. So, yes the citizen can't approach any court.
=> d) is the crct option.
=> d) is the crct option.
Principle: All citizens shall have the right to freedom of speech and expressionFacts: Ashok Mehta, a famous writer of the novels, criticized a novel written by khuswant Singh. “Khuswant Singh novel 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 novels”Decide: whether ashok Mehta can be liable or not?- a)He is not liable because he has just expressed his personal views
- b)He is liable to be sued for the case of defamation if his statement was not true of said in mala fide intention.
- c)He cannot be liable because he has fundamental right to freedom of speech and expression
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Principle: All citizens shall have the right to freedom of speech and expression
Facts: Ashok Mehta, a famous writer of the novels, criticized a novel written by khuswant Singh. “Khuswant Singh novel 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 novels”
Decide: whether ashok Mehta can be liable or not?
a)
He is not liable because he has just expressed his personal views
b)
He is liable to be sued for the case of defamation if his statement was not true of said in mala fide intention.
c)
He cannot be liable because he has fundamental right to freedom of speech and expression
d)
None of the above
|
|
Anaya Patel answered |
The correct option is B.
Though everyone has freedom of speech but no one has the right to defame someone, if he does so, he will be liable.
The members of Lok Sabha are- a)Directly elected by the people
- b)Indirectly elected through state legislature
- c)Partly nominated and partly elected indirectly
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
The members of Lok Sabha are
a)
Directly elected by the people
b)
Indirectly elected through state legislature
c)
Partly nominated and partly elected indirectly
d)
None of the above
|
Siddhi Sharma answered |
As lok sabha is also known as house of people( Indian citizens ). They are elected after five years. So lok sabha members are elected by people
In the event of non enforcement of directive principles by the govt. the citizen can approach- a)Any court of his choice
- b)The high court
- c)The supreme court
- d)None of these
Correct answer is option 'D'. Can you explain this answer?
In the event of non enforcement of directive principles by the govt. the citizen can approach
a)
Any court of his choice
b)
The high court
c)
The supreme court
d)
None of these
|
|
Anaya Patel answered |
Article 37 of the Constitution says - Directive principles are not 'enforceable' by the court. So you can't approach court for it's enforcement
Nositur a sociis means
- a)No one is bound to perform impossibilities
- b)It is known from its associates
- c)'recognised by its partners'
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Nositur a sociis means
a)
No one is bound to perform impossibilities
b)
It is known from its associates
c)
'recognised by its partners'
d)
None of the above
|
Gautam Patel answered |
As per the solution the maxim should be " Nemo tenetur " meaning 'no man can be compelled to incriminate himself'.
The meaning of maxim given in the question is "A statutory term is recognized by its associated words".
By the way, 'Sociis' means 'Society'.
Who holds the office in the absence of president- a)Chief justice of India
- b)Prime minister
- c)Speaker of lok Sabha
- d)Vice president
Correct answer is option 'D'. Can you explain this answer?
Who holds the office in the absence of president
a)
Chief justice of India
b)
Prime minister
c)
Speaker of lok Sabha
d)
Vice president
|
|
Sarita Pandey answered |
Vice president has the right to preside the seat after President.
The president who is the head of the state under the parliamentary system prevailing in India- a)Enjoys only nominal powers
- b)Enjoys limited but real powers
- c)Enjoy absolute powers
- d)Enjoys no powers
Correct answer is option 'A'. Can you explain this answer?
The president who is the head of the state under the parliamentary system prevailing in India
a)
Enjoys only nominal powers
b)
Enjoys limited but real powers
c)
Enjoy absolute powers
d)
Enjoys no powers
|
|
Dia Mehta answered |
The president is bond to act on the recommendations of prime minister and the cabinet misteres
The directive principles are the
- a)Positive instructions to the government to work for the attainment of set objective
- b)Negative injunctions to government to refrain from encroaching on the freedom of the people
- c)Directives to the state to enhance the international prestige of the country
- d)Directives to the government to pursue a policy of non-alignment
Correct answer is option 'A'. Can you explain this answer?
The directive principles are the
a)
Positive instructions to the government to work for the attainment of set objective
b)
Negative injunctions to government to refrain from encroaching on the freedom of the people
c)
Directives to the state to enhance the international prestige of the country
d)
Directives to the government to pursue a policy of non-alignment
|
Shreya sengupta answered |
The directive principles of state policy are a set of guidelines or principles given to the government to work towards achieving certain objectives in the governance of the country. These principles are enshrined in Part IV of the Indian Constitution.
a) Positive instructions to the government to work for the attainment of set objectives:
The correct answer is option 'A' because the directive principles provide positive instructions to the government, directing them to work towards the achievement of certain desired objectives. These objectives include promoting the welfare of the people, reducing social and economic inequalities, and securing social justice, among others.
The directive principles are not legally enforceable, meaning that they cannot be directly enforced in a court of law. However, they serve as a guiding framework for the government to formulate policies and enact laws that align with these principles.
The directive principles cover a wide range of areas, including social, economic, and political aspects. Some of the important directive principles include:
1. Promotion of social justice: The government is directed to promote social justice by ensuring equal opportunities for all citizens, especially those belonging to socially and economically disadvantaged sections of society.
2. Protection of workers' rights: The government is directed to secure the right to work, to just and humane conditions of work, and to ensure a living wage for all workers.
3. Promotion of educational and cultural interests: The government is directed to promote free and compulsory education for children, and to protect and preserve the cultural heritage of the country.
4. Promotion of economic equality: The government is directed to strive to minimize inequalities in income and wealth and to ensure that the ownership and control of material resources are distributed in a manner that serves the common good.
5. Protection of the environment: The government is directed to protect and improve the environment and to safeguard the forests and wildlife of the country.
In conclusion, the directive principles of state policy provide positive instructions to the government to work towards achieving certain objectives in the governance of the country. These principles cover a wide range of areas and serve as a guiding framework for the government to formulate policies and enact laws that align with these principles. Although not legally enforceable, they play an important role in shaping the policies and direction of the government.
a) Positive instructions to the government to work for the attainment of set objectives:
The correct answer is option 'A' because the directive principles provide positive instructions to the government, directing them to work towards the achievement of certain desired objectives. These objectives include promoting the welfare of the people, reducing social and economic inequalities, and securing social justice, among others.
The directive principles are not legally enforceable, meaning that they cannot be directly enforced in a court of law. However, they serve as a guiding framework for the government to formulate policies and enact laws that align with these principles.
The directive principles cover a wide range of areas, including social, economic, and political aspects. Some of the important directive principles include:
1. Promotion of social justice: The government is directed to promote social justice by ensuring equal opportunities for all citizens, especially those belonging to socially and economically disadvantaged sections of society.
2. Protection of workers' rights: The government is directed to secure the right to work, to just and humane conditions of work, and to ensure a living wage for all workers.
3. Promotion of educational and cultural interests: The government is directed to promote free and compulsory education for children, and to protect and preserve the cultural heritage of the country.
4. Promotion of economic equality: The government is directed to strive to minimize inequalities in income and wealth and to ensure that the ownership and control of material resources are distributed in a manner that serves the common good.
5. Protection of the environment: The government is directed to protect and improve the environment and to safeguard the forests and wildlife of the country.
In conclusion, the directive principles of state policy provide positive instructions to the government to work towards achieving certain objectives in the governance of the country. These principles cover a wide range of areas and serve as a guiding framework for the government to formulate policies and enact laws that align with these principles. Although not legally enforceable, they play an important role in shaping the policies and direction of the government.
One who commits a tort is known as- a)Torter
- b)Tortfeasor
- c)Tortuous
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
One who commits a tort is known as
a)
Torter
b)
Tortfeasor
c)
Tortuous
d)
None of the above
|
|
Anaya Patel answered |
The tortfeasor is the individual, company, or entity that is found to have committed wrongdoing. Tortfeasors are said to have committed a civil offense – a tort - rather than a criminal offense. Civil offenses are typically disputes between individuals and corporations.
After a bill is passed by the parliament it is sent to the president for his assent, who can return it for reconsideration to the Lok Sabha. But if the bill is reconsidered by the parliament and sent to the president for his assent he- a)Can submit the same to the people for referendum
- b)Can get it nullified through the supreme court
- c)Has to sign it
- d)Can send the bill to the parliament for reconsideration for the second time
Correct answer is option 'C'. Can you explain this answer?
After a bill is passed by the parliament it is sent to the president for his assent, who can return it for reconsideration to the Lok Sabha. But if the bill is reconsidered by the parliament and sent to the president for his assent he
a)
Can submit the same to the people for referendum
b)
Can get it nullified through the supreme court
c)
Has to sign it
d)
Can send the bill to the parliament for reconsideration for the second time
|
King Singh answered |
Yes, because by the 42nd amendment it has been made mandatory for the president that if the parliament sends the same bill after reconsideration, he will have to sign it
Quoram means- a)Maximum no. of people who have to be present at a meeting to make it valid
- b)Minimum no. of people who have to be present at a meeting to make it valid i.e 1/10th people are required and present in a meeting.
- c)1/9th people are required and present in a meeting
- d)2/3rd people are required and present in a meeting
Correct answer is option 'B'. Can you explain this answer?
Quoram means
a)
Maximum no. of people who have to be present at a meeting to make it valid
b)
Minimum no. of people who have to be present at a meeting to make it valid i.e 1/10th people are required and present in a meeting.
c)
1/9th people are required and present in a meeting
d)
2/3rd people are required and present in a meeting
|
|
Anaya Patel answered |
The minimum no. of members of the House of parliament required to be present for a proceeding to start is called Quorum. It is 1/10th of the total membership of the House. The Presiding Officer has power to prorogue a sitting in case of absence of quorum or suspend the sitting until there is quorum
Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?- a)24th amendment
- b)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)
- c)44th amendment
- d)25th amendment
Correct answer is option 'B'. Can you explain this answer?
Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?
a)
24th amendment
b)
42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)
c)
44th amendment
d)
25th amendment
|
|
Anaya Patel answered |
The 42nd Amendment gave primacy to the Directive Principles, by stating that "no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights".
Who is known as the keystone of the cabinet arch?- a)Planning minister
- b)President
- c)Vice president
- d)Prime minister
Correct answer is option 'D'. Can you explain this answer?
Who is known as the keystone of the cabinet arch?
a)
Planning minister
b)
President
c)
Vice president
d)
Prime minister
|
|
Anaya Patel answered |
D is the correct option. In theory, all Ministers or members of the Cabinet have an equal position, all being advisers of the Crown, and all being responsible to Parliament in the same manner but Prime Minister is the "keystone of the Cabinet arch"
The attorney general of India holds office- a)For life
- b)For a fixed term of 6 yrs.
- c)As long as he enjoys the confidence of parliament
- d)During the pleasure of president
Correct answer is option 'D'. Can you explain this answer?
The attorney general of India holds office
a)
For life
b)
For a fixed term of 6 yrs.
c)
As long as he enjoys the confidence of parliament
d)
During the pleasure of president
|
|
Dia Mehta answered |
Attorney General of India is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court.
Something said by the while giving judgment that was not essential to the decision of the case or observation made by the judge, but it is not binding on the future cases is known as- a)Ration decidendi
- b)Obiter dictum
- c)Both a and b
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Something said by the while giving judgment that was not essential to the decision of the case or observation made by the judge, but it is not binding on the future cases is known as
a)
Ration decidendi
b)
Obiter dictum
c)
Both a and b
d)
None of the above
|
Shubham Mishra answered |
The answer should be option b) Obiter dictum
The phrase "Obiter dictum" means- A judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.
The phrase "Obiter dictum" means- A judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.
Which one of the following writ protects personal freedom?- a)Quo warranto
- b)Mandamus
- c)Certiorari
- d)Habeas corpus
Correct answer is option 'D'. Can you explain this answer?
Which one of the following writ protects personal freedom?
a)
Quo warranto
b)
Mandamus
c)
Certiorari
d)
Habeas corpus
|
|
Aryan Khanna answered |
The writ of habeas corpus is issued to prevent the illegal detention of a person and to secure his/her release in such case, therefore, habeas corpus protects the “personal freedom” of a person.
Rights related to the Members of armed forces are mentioned in- a)Art. 32
- b)Art. 33
- c)Art. 34
- d)Art. 35
Correct answer is option 'B'. Can you explain this answer?
Rights related to the Members of armed forces are mentioned in
a)
Art. 32
b)
Art. 33
c)
Art. 34
d)
Art. 35
|
|
Anaya Patel answered |
By article 33 of the Constitution, Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
Under the writ of Mandamus, the Court can- a)Ask the person to be produced
- b)Order to transfer the case from one court
- c)Ask to let a person free for a temporary period
- d)Direct the Government to do or not to do a thing
Correct answer is option 'D'. Can you explain this answer?
Under the writ of Mandamus, the Court can
a)
Ask the person to be produced
b)
Order to transfer the case from one court
c)
Ask to let a person free for a temporary period
d)
Direct the Government to do or not to do a thing
|
|
Anaya Patel answered |
The Literal meaning of Mandamus is "we command". It is an order issued by the court to a public official, public body, government or any corporation asking them to perform a duty which they have failed or refused to perform or stopping them not to exercise their function if it goes beyond the control of law.
Which one of the following fundamental rights is restrained by the preventive detention act?- a)Right to equality
- b)Right to freedom
- c)Right to religion
- d)Right to constitutional remedies
Correct answer is option 'B'. Can you explain this answer?
Which one of the following fundamental rights is restrained by the preventive detention act?
a)
Right to equality
b)
Right to freedom
c)
Right to religion
d)
Right to constitutional remedies
|
|
Aryan Khanna answered |
Preventive detention infringes the right to freedom of the person who has been detained under preventive detention Act. Article-22 provides for protection against arrest and detention in certain cases, including preventive detention cases.
Principle: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
Fact: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage. - a)X cannot be held responsible for trespass to good as he was under a wrong belief.
- b)X can be held responsible for trespass to goods.
- c)X has not committed any wrong.
- d)None of the above.
Correct answer is option 'B'. Can you explain this answer?
Principle: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
Fact: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.
Fact: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.
a)
X cannot be held responsible for trespass to good as he was under a wrong belief.
b)
X can be held responsible for trespass to goods.
c)
X has not committed any wrong.
d)
None of the above.
|
|
Aryan Khanna answered |
Under section 441 of IPC which defines Criminal trespass that whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with the intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence.
Principle:
I. An Interference with the use of the property of another person is nuisance.
II. To constitute a tort, an act or an omission must result in the violation of a legal right vested in the plaintiff.
Facts:
Vinay and Navin were old friends and had recently started living next door to each other. Navin cooked delicious steak on barbecue, and Vinay was a fan of Navin’s cooking. Therefore, when it was Vinay’s birthday, he requested Navin to cook the steak for him. Navin agreed happily. However, when he started cooking, the smoke from the barbeque was blown by wind straight into Vinay’s house. Vinay felt nauseated and had to leave the house and stay out all night. Is Navin liable for nuisance?
- a)No, because Vinay asked Navin to prepare steak for him.
- b)Yes, because blowing smoke from a barbeque into another’s house and the smoke causing discomfort is a foreseeable situation.
- c)Yes, because Navin’s act interfered with Vinay’s use of property.
- d)No, because Navin did not know that Vinay would have such a reaction to smoke from barbeque.
Correct answer is option 'A'. Can you explain this answer?
Principle:
I. An Interference with the use of the property of another person is nuisance.
II. To constitute a tort, an act or an omission must result in the violation of a legal right vested in the plaintiff.
I. An Interference with the use of the property of another person is nuisance.
II. To constitute a tort, an act or an omission must result in the violation of a legal right vested in the plaintiff.
Facts:
Vinay and Navin were old friends and had recently started living next door to each other. Navin cooked delicious steak on barbecue, and Vinay was a fan of Navin’s cooking. Therefore, when it was Vinay’s birthday, he requested Navin to cook the steak for him. Navin agreed happily. However, when he started cooking, the smoke from the barbeque was blown by wind straight into Vinay’s house. Vinay felt nauseated and had to leave the house and stay out all night. Is Navin liable for nuisance?
Vinay and Navin were old friends and had recently started living next door to each other. Navin cooked delicious steak on barbecue, and Vinay was a fan of Navin’s cooking. Therefore, when it was Vinay’s birthday, he requested Navin to cook the steak for him. Navin agreed happily. However, when he started cooking, the smoke from the barbeque was blown by wind straight into Vinay’s house. Vinay felt nauseated and had to leave the house and stay out all night. Is Navin liable for nuisance?
a)
No, because Vinay asked Navin to prepare steak for him.
b)
Yes, because blowing smoke from a barbeque into another’s house and the smoke causing discomfort is a foreseeable situation.
c)
Yes, because Navin’s act interfered with Vinay’s use of property.
d)
No, because Navin did not know that Vinay would have such a reaction to smoke from barbeque.
|
Aspire Academy answered |
The Principle is quite wide in scope and does not create a distinction between authorized and unauthorized interference with the use of property. Thus, the interference under this principle would amount to nuisance.
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