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:

Option B is not the feature of Indian Judiciary as other 3 are the salient features of Judiciary.

QUESTION: 3

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

Solution:

Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document, and it is the source from which the document derives its authority, meaning, the people. It goes like below:
“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.

QUESTION: 4

The preamble to the constitution was amended in the year

Solution:

In 1976, the Preamble was amended (only once till date) by the 42nd Constitutional Amendment Act. Three new terms, Socialist, Secular, and Integrity were added to the Preamble. The Supreme Court held this amendment validly.

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 seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India. But option A is the closest in such cases you need to mark the closest options.

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:

The constitutional power to create new states and union territories in India is solely reserved to the Parliament of India.

Parliament can do so by announcing new states/union territories, separating territory from an existing state or merging two or more states/union territories or parts of them.

QUESTION: 19

The constitution of India

Solution:

Judicial Review is the power of Courts to pronounce upon the constitutionality of legislative and executive acts of the government which fall within their normal jurisdiction.

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.So option A infers the same thing.

QUESTION: 22

When a contract is void ab initio

Solution:

A void ab initio agreement is Latin for "void from the beginning." This means that legally, a contract was void as soon as it was created. The parties of the contract are not legally related based on what was written in the agreement because the agreement in question was never valid.

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:

Indian constitution has borrowed provisions from Constitutions of other countries and incorporates them after modifying. Indian constitution declares India a federal state that is two governments but it provides for a single citizenship for India and States both. This provision is borrowed from the Constitution of Britain.

QUESTION: 26

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

Solution:

Abolition of untouchability: Article 17 of the constitution abolishes the practice of untouchability. The practice of untouchability is an offence and anyone doing so is punishable by law.

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:

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.

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 you 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:

It is for the Parliament, which is the legislative body to prescribe conditions while conferring citizenship. Indian Constitution vests the Parliament with the power of framing legislative policy on citizenship.

QUESTION: 33

Judicial review signifies that the supreme court

Solution:

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.

QUESTION: 34

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

Solution:

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:

The principle says that everyone has fundamental right to carry any occupation whatever they want to do but this right is available upto a certain extent not totally free to do anything because this lead to tendency to adopt any kind of business whether good or bad, fair or unfair, in favour of public at large or against them, utilising resources properly or not, doing socially right or not, economically contribute to nation or ruined it etc.

So, the restriction is ok no problem because it doesn't stop you to practice occupation or not allowed to do. It is just simply says do your business in any way no problem at all but with safety ,securely, properly, with lawfully, following rules and regulations, adopt alternative resources to save environment, eco-friendly etc

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 legislature can make the laws so court cannot direct Parliament to make any law. Answer would be C because the court has no authority to direct the parliament new laws but the exist law can be quashed.

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:

Termination of citizenship
The Citizenship Act, 1955 also lays down three modes by which an Indian citizen may lose his/her citizenship. These are renunciation, termination and deprivation. 

  • A 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.
  • 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.
  • 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.
QUESTION: 40

Fundamental rights are available against the

Solution:

Fundamental Rights are not enforceable against private institution. State has given us the fundamental right so a fundamental rights can only be claimed against the State.

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:

Doctorine of waiver
It is not open to a citizen to waive his fundamental rights conferred by Part 3 of the constitution. The Supreme Court is the bulwark of the fundamental rights which have been for the first time enacted in the constitution and it would be a sacrilege to whittle down these rights.
So B is the correct option.

QUESTION: 43

Article 14 permits______but prohibits class legislation.

Solution:

The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not attain or circumstances in the same position. The varying needs of different classes of persons often requires separate treatment. So a reasonable classification is only not permitted but is necessary if society is to progress.

Thus what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification however must not be “arbitrary ,artificial or evasive” but must be based on some real and substantial bearing a just and reasonable relation to the object sought to be achieved by the legislation

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:

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

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 Court. The 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:

The power of judicial review is significantly vested upon the High Courts and the Supreme Court of India. Under Article 13 of the Indian Constitution, the compulsion of judicial review was described in fundamental rights in Part III.

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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