Indian Polity Test-1


50 Questions MCQ Test Legal Reasoning for CLAT | Indian Polity Test-1


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QUESTION: 1

India is having which form of government at present

Solution:

India is a federal state with a parliamentary form of government. It is governed under the 1949 constitution (effective since Jan., 1950). The president of India, who is head of state, is elected for a five-year term by the elected members of the federal and state parliaments; there are no term limits.

QUESTION: 2

Which one of the following is not a salient feature of the Indian judiciary?

Solution:

In our country the Parliament is the supreme law making body and the judiciary's main function is to enforce the laws.

QUESTION: 3

Which one of the following does not find place in preamble of the constitution of India?

Solution:
QUESTION: 4

The preamble to the constitution was amended in the year

Solution:

Constitutional Amendment Acts, India added the term "secular" to the Preamble of our Constitution in The Constitution (40th Amendment) Act, 1976

 

QUESTION: 5

Who among the following was the president of constituent assembly

Solution:

Dr. Sachchidananda Sinha was the first chairman (temporary) of Constituent Assembly. Later Dr. Rajendra Prasad was elected as the president and Its vice-president was Harendra Coomar Mookerjee, a Christian from Bengal and former vice-chancellor of Calcutta University.

QUESTION: 6

Who among the following was the chairman of drafting committee?

Solution:

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. 

QUESTION: 7

The source of India’s sovereignty lies in the

Solution:

The Preamble to the Constitution of India declares India as "Sovereign, Socialist, Secular, Democratic, Republic". Sovereignty implies that India is free and has the authority to conduct its own affairs and governance. In India, the supreme power is possessed by people of the country. The people of the nation elect their representatives to govern them i.e., the Parliament derives its sovereignty from the people of the nation.

QUESTION: 8

How long did the constituent assembly take to finally pass the constitution?

Solution:

The Constituent Assembly took almost three years (two years, eleven months and eighteen days to be precise) to complete its historic task of drafting the Constitution for Independent India. During this period, it held eleven sessions covering a total of 165 days.

QUESTION: 9

The Indian constitution closely follows the constitutional system of

Solution:

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 following features from the British Constitution.

1. The office of the president of India is based upon the British Queen who is a ceremonial head of the state.

2. The Cabinet system of government in India is based upon the Cabinet system as prevailing in U.K.

3. Our Prime Minster is also a replica of the British Prime Minster.

4. The parliament type of government has also been adopted from the British system.

5. Just like U.K our Parliament is also bicameral, i.e it has two Houses, the Lok Sabha and the Rajya Sabha.

6. The Lok Sabha, the Lower house of parliament in India, is also more powerful as the House of commons in the United Kingdom.

7. Like in 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.

8. The privileges of the Members of Parliament in India are also similar to those enjoyed by their counterparts in U.K.

QUESTION: 10

The Indian constitution is regarded as

Solution:

India is federal in form because the states in India have certain levels of autonomy like the states in the United States, (each state can make certain laws and regulations with respect to that particular state) but india is unitary in spirit because the constitution of India does not provide an option for the states to join the federation like in that of the United States. This was done after great deliberation and to ensure that India remained united and so that accession to the unity would not be voluntary but compulsory. The Federal form was primarily introduced for administrative ease and efficiency.

QUESTION: 11

Constitution of India was adopted by constituent assembly on?

Solution:

The drafting commitee headed by Dr. B R Ambedkar, prepared the first draft of Constitution after taking into account the proposals of various committees. It was first published on 21 February 1948. It contained 315 articles and 8 schedules, as many as 7,635 amendments were proposed but only 2,473 were actually discussed and debate. The draft Constitution was considered for 114 days.• Finally on 26 November, 1949 the Constitution of India was adopted by the Constituent Assembly.• 284 members signed the document that day.It is also mentioned in Preamble of India that " IN OUR CONSTITUENT ASSEMBLY, THIS 26th DAY OF NOVEMBER 1949.

QUESTION: 12

The government of India act 1935 abolishes the concept of

Solution:

Government of India Act 1935. ... This act ended the system of dyarchy introduced by the Government of India Act 1919, and provided for establishment of a Federation of India to be made up of provinces of British India and some or all of the Princely states.

QUESTION: 13

Right to vote is a

Solution:

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.

QUESTION: 14

In which case it was held that preamble is not a part of constitution of India?

Solution:

Berubari case (1960)- In the Berubari case the Supreme Court of India declared that the preamble is not an integral part of the Indian constitution. Therefore it is not enforceable in a court of law [verdict given by Justice Gajendragadkar]. 
OR
The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution.

 

QUESTION: 15

Whether the preamble can be amended?

Solution:

Yes, the Preamble of the Constitution can be amended under Article 368 of the Constitution.

QUESTION: 16

The constitution names our country as

Solution:

The first article of the Constitution of India states that "India, that is Bharat, shall be a union of states," implicitly codifying India and Bharat as equally official short names for the Republic of India.

QUESTION: 17

Who among the following is known as father of Indian constitution?

Solution:

Because B.R. Ambedkar was highly educated in law all over the world he had approx 26 degree of eminent University and had read all the Constitution of that time . He was presumed to be a best law scholar of that time and was also a head of draft committee for Indian constitution. so he was made the father of constitution.

QUESTION: 18

Who among the following can create a new state in the Indian union?

Solution:

Article 3 of the Indian Constitution provides for the creation of a new state through a bill tabled in Parliament on the President's recommendation after consultations with the legislatures of the affected states.

QUESTION: 19

The constitution of India

Solution:
QUESTION: 20

Parliament of India consists of

Solution:

The Parliament of India is the supreme legislative body of the Republic of India. The Parliament is composed of the President of India and the houses. It is a bicameral legislature with two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).

QUESTION: 21

Audi alteram partem means

Solution:

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
OR
The Latin maxim, 'Audi Alteram Partem' is the principle of natural justice where every person gets a chance of being heard. The meaning of the maxim itself says no person shall be condemned unheard. ... Natural justice means that justice should be given to both the parties in a just, fair and reasonable manner.

QUESTION: 22

When a contract is void ab initio

Solution:

The term void ab initio, which means "to be treated as invalid from the outset," comes from adding the Latin phrase ab initio (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ab initio.

QUESTION: 23

Who is Amicus Curiae

Solution:

An amicus curiae is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case; and is typically presented in the form of a brief.

QUESTION: 24

Adverse possession means

Solution:

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

QUESTION: 25

The constitution of India provides

Solution:
QUESTION: 26

In which article of constitution the govt. abolished the practice of untouchability

Solution:

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.

QUESTION: 27

Which type of equality is negative enumerated in Art. 14 of the constitution of India?

Solution:

Equally before law is a negative as it follows the concept of 'REXLEX' meaning 'king is law' which is clearly visualising AUTOCRACY. And hence option 'C'.

QUESTION: 28

The right to equality

Solution:
QUESTION: 29

Which articles defines prohibition of discrimination only on grounds of religion, place, caste, sex or place of birth?

Solution:

Article 15; a fundamental right prohibits discrimination by the state against any citizen on grounds 'only' of religion, caste, race, sex, and place of birth. The use of the world only means that discrimination on other grounds is not prohibited.

QUESTION: 30

The preamble of our constitution includes all except

Solution:

Preamble is an introductory statement that states the source of authority, date of adoption, guiding principles, etc. Also, it specifies character and values like sovereign, socialist, secular, democratic, republic, justice, liberty, equality, fraternity. It doesn't include anything about adult franchise.

QUESTION: 31

Untouchability is associated with

Solution: Social inequality means when u discriminate people living in a society by their cast, creed, religion ,color ,sex and status which is not right only thing should matter is all are human and untouchability is one of the ill factor of this
QUESTION: 32

Who is competent to prescribe the conditions for acquisition of citizenship?

Solution: The Parliament of India is the supreme legislative body of the Republic of India. The Parliament is composed of the President of India and the houses. It is a bicameral legislature with two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President in his role as head of legislature has full powers to summon and prorogue either house of Parliament or to dissolve Lok Sabha. The president can exercise these powers only upon the advice of the Prime Minister and his Union Council of Ministers.
QUESTION: 33

Judicial review signifies that the supreme court

Solution: Judicial review, power of the courts of a Country 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.
QUESTION: 34

In which of the following ways can Indian citizenship be acquired?

Solution: Option 'D' is correct

there are 5 ways to acquire Indian citizenship:-

• by Birth
• by Descent
• by Registration
• by Naturalization
• by Incorporation of territories
QUESTION: 35

Principle: All citizens shall have the fundamental right to carry on any occupation, trade or business, but reasonable restrictions on the exercise of such rights can be imposed by law in the interest of the general public.

Facts: A large no. of persons had been carrying on the business of dyeing and printing in Rajkot area for the last 25 yrs. Providing employment to about 30000 families. From these business places untreated dirty water was being discharged on the roads thereby causing damage to the public health. A notice therefore was given to close this business till necessary measures to protect public health as provided under the environmental statutes were taken by those businessmen.

Solution:

Option'D' is correct as there are reasonable restrictions imposed in the interest of the general public (mentioned in the given principle)

QUESTION: 36

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

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

Solution:

As traders have right to profession so court can quash the law but according to the principle only parliament and state legistlaure can make the laws so court cannot direct Parliament to make any law..

QUESTION: 37

Via which among the following amendments of the Constitution of India, Delhi was designated as National Capital Territory (NCT)?

Solution:

The Constitution (Sixty-ninth Amendment) Act, 1991 came into force, followed by the Government of National Capital Territory of Delhi Act, 1991 the Sixty-ninth Amendment to the Constitution of India, declared the Union Territory of Delhi to be formally known as National Capital Territory of Delhi.

QUESTION: 38

How much stay is required for persons of Indian origin to apply for citizenship of India for registration under Section 5 of citizenship act, 1955?

Solution:

Person of india origin who are ordinarily resident in india for 5yrs immediately before making an application for registration.Person has resided 7yrs before making application for naturalisation.So for registration answer is 5 yrs.

QUESTION: 39

How can the citizenship of India be terminated?

Solution:

QUESTION: 40

Fundamental rights are available against the

Solution:
QUESTION: 41

Which article of the constitution declares that all laws whether pre constitutional or post constitutional, void if they are inconsistent with or abridges or violate the fundamental rights?

Solution:

The fundamental rights are the rights reserved by the people and for this reason they are eternal and sacrosanct. And Article 13 declares all.such laws as void which violate fundamental rights.

QUESTION: 42

Can a person waive his fundamental right?

Solution:

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.

QUESTION: 43

Article 14 permits ………………………….. but prohibits class legislation.

Solution:
Reasonable Classification
While Article 14 frobids class legislation it does not forbid reasonable classification of persons, objects, and transactions by the legislature for the purpose of achieving specific ends. But classification must not be “arbitrary ,artificial or evasive”. It must always rest upon some real upon some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the legislation. Classification to be reasonable must fulfil the following two conditions

Firstly the classification must be founded on the intelligible differentia which distinguishes persons or thing that are grouped together from others left out of the group
Secondly the differentia must have a rational relation to the object sought to be achieved by the act.
The differentia which is the basis of the classification  and the object of the act are two distinct things. What is  necessary is that there must be nexus between the basis of classification and the object of the act which makes the classification. It is only when there is no reasonable basis for a classification that legislation making such  classification may be declared discriminatory. Thus the legislature may fix the age at which persons shall be deemed competent to contract between themselves but no one will claim that competency. No contract can  be made to depend upon the stature or colour of the hair. Such a classification will be arbitrary.

QUESTION: 44

Identify the correct statement:

Solution: Federalism is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant.
QUESTION: 45

Quorum means

Solution:
QUESTION: 46

Which of the following clearly proclaims that India is a secular state?

Solution:
Preamble of Indian Constitution declares India as SOVEREIGN, SOCIALIST, SECULAR and DEMOCRATIC REPUBLIC. The words Socialist, Secular, and Integrity were not in the original constitution and have been inserted by 42nd amendment act 1976

QUESTION: 47

Who is the final authority to interpret the constitution?

Solution:

The final authority to interpret our Constitution is the Supreme CourtThe Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.

QUESTION: 48

Judicial review power is enshrined in which Article of the constitution?

Solution:

Article 13 of Indian Constitution provides for the doctrine of judicial review. It declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.

QUESTION: 49

No citizen of India shall accept any title from any foreign state is mentioned under which article of the constitution?

Solution:

ARTICLE 18

No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

QUESTION: 50

A defamatory statement made in permanent form such as writing, pictures or film is known as

Solution:
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.

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