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Test: Constitution Of India - 1 - CLAT MCQ


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30 Questions MCQ Test Legal Reasoning for CLAT - Test: Constitution Of India - 1

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Test: Constitution Of India - 1 - Question 1

Which one of the following is not mentioned in the preamble of the Constitution of India?

Detailed Solution for Test: Constitution Of India - 1 - Question 1

The word "morality" is not found in the Preamble of the Constitution of India.

  • The Preamble mentions key values such as sovereignty, justice, and integrity.
  • Morality is not specifically mentioned in the Preamble.
  • This sets apart "morality" from the other terms, which are clearly stated in the Preamble.
Test: Constitution Of India - 1 - Question 2

Who among the following was the chairman of drafting committee?

Detailed Solution for Test: Constitution Of India - 1 - Question 2

The Drafting Committee had seven members:

  1. Alladi Krishnaswami Ayyar
  2. N. Gopalaswami
  3. B.R. Ambedkar
  4. K.M Munshi
  5. Mohammad Saadulla
  6. B.L. Mitter
  7. D.P. Khaitan

At its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman.

Test: Constitution Of India - 1 - Question 3

The Indian constitution closely follows the constitutional system of:

Detailed Solution for Test: Constitution Of India - 1 - Question 3

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.
Test: Constitution Of India - 1 - Question 4

Constitution of India was adopted by constituent assembly on?

Detailed Solution for Test: Constitution Of India - 1 - Question 4
  • The drafting committee headed by Dr. B R Ambedkar prepared the first draft of the Constitution after taking into account the proposals of various committees.
  • It was first published on 21 February 1948.
  • The draft Constitution was considered for 114 days.
  • Finally, on 26 November 1949, the Constitution of India was adopted by the Constituent Assembly.
Test: Constitution Of India - 1 - Question 5

Right to vote is a______.

Detailed Solution for Test: Constitution Of India - 1 - Question 5

The right to vote is a constitutional right in India. This means it is protected and guaranteed by the Constitution. Here are some key points about this right:

  • It allows citizens to participate in the democratic process.
  • Voting is essential for choosing representatives in government.
  • The right to vote is fundamental for ensuring accountability and transparency in governance.

Overall, the right to vote is crucial for maintaining a healthy democracy.

Test: Constitution Of India - 1 - Question 6

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

Detailed Solution for Test: Constitution Of India - 1 - Question 6

The Indian judiciary has several important features. Here are the key points:

  • Separation from the executive: The judiciary operates independently from the executive branch of government.
  • Final interpreter of the Constitution: It ensures the Constitution is upheld and interpreted correctly.
  • Free and independent: The judiciary functions without interference from other branches of government, ensuring fair justice.

However, it is not a law-making body. Laws are made by the legislature, not the judiciary.

Test: Constitution Of India - 1 - Question 7

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

Detailed Solution for Test: Constitution Of India - 1 - Question 7

 In the Berubari case, the Supreme Court clarified that the Preamble is not a part of the Constitution of India. The court held that the Preamble serves as a guiding light for interpreting the Constitution, but it does not hold the same legal status as the articles contained within the Constitution. Thus, while it provides insight into the intentions of the framers, it cannot be enforced as law. This distinction is significant in constitutional law as it shapes how the Preamble is viewed in legal contexts.

Test: Constitution Of India - 1 - Question 8

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

Detailed Solution for Test: Constitution Of India - 1 - Question 8

B.R. Ambedkar is widely regarded as the father of the Indian Constitution. His significant contributions to the drafting process established the framework for India's governance and legal system.

Key points about his role include:

  • He was the chairman of the Drafting Committee of the Constitution.
  • Ambedkar emphasized the importance of social justice and equality.
  • His advocacy for the rights of the marginalised sections of society is reflected in the Constitution.

Through his leadership, the Constitution was designed to uphold democratic values and protect individual freedoms.

Test: Constitution Of India - 1 - Question 9

Parliament of India consists of______.

Detailed Solution for Test: Constitution Of India - 1 - Question 9

The Parliament of India is the supreme legislative body of the Republic of India.

The Parliament is composed of the President of India, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).

Overview of The Parliament of India Under Indian Constitution

Test: Constitution Of India - 1 - Question 10

Audi alteram partem means

Detailed Solution for Test: Constitution Of India - 1 - Question 10

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.

Test: Constitution Of India - 1 - Question 11

Who is Amicus Curiae?

Detailed Solution for Test: Constitution Of India - 1 - Question 11

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.

Test: Constitution Of India - 1 - Question 12

Adverse possession means______.

Detailed Solution for Test: Constitution Of India - 1 - Question 12
  • The term adverse possession means the unlawful possession of the property despite not being the owner of that property.
  • If a possessor of a property has continuous possession of that property for continuous 12 years, with the knowledge of owner but without the permission of the owner, then that property is said to be adversely possessed by the possessor.
  • The concept of adverse possession was defined by Honorable supreme Court Amarendra Pratap Singh Vs. Tej Bahadur Prajapati. 
Test: Constitution Of India - 1 - Question 13

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

Detailed Solution for Test: Constitution Of India - 1 - Question 13
  • 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.
  • Untouchability is neither defined in the Constitution nor in the Act. It refers to a social practice which looks down upon certain depressed classes solely on account of their birth and makes any discrimination against them on this ground.

  • Their physical touch was considered to pollute others. Such castes which were called untouchables were not to draw water from the same wells, or use the pond/tank which is being used by the higher castes.

  • They were not allowed to enter some temples and suffered many other disabilities.

    Inclusion of this provision in the Constitution shows the importance attached by the Constituent Assembly towards eradication of this evil practice. Article 17 is also a significant provision from the point of view of equality before law (Article 14).

  • It guarantees social justice and dignity of man, the twin privileges which were denied to a vast section of the Indian society for centuries together.

     

Test: Constitution Of India - 1 - Question 14

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

Detailed Solution for Test: Constitution Of India - 1 - Question 14

Article 14 of the Indian Constitution provides "Equality before law" and "Equal protection of laws."

  • Equality before law (a negative concept) means that no person is above the law, and everyone is subject to the same laws regardless of status or position.
  • Equal protection of laws (a positive concept) means that the state must treat all individuals in a similar situation equally.

Since "Equality before law" is a negative concept (it prohibits special privileges), it is negatively enumerated in Article 14.
Therefore,Correct Answer - Option C

Test: Constitution Of India - 1 - Question 15

The right to equality______.

Detailed Solution for Test: Constitution Of India - 1 - Question 15

The right to equality allows the state to make special provisions for certain groups.

  • The state can create special provisions for women, children, and backward classes.
  • This means the government is allowed to take steps to help these groups, even while upholding equality for all.
  • Such measures aim to ensure fairness and support those who may need extra assistance in society.
Test: Constitution Of India - 1 - Question 16

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

Detailed Solution for Test: Constitution Of India - 1 - Question 16

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.

Test: Constitution Of India - 1 - Question 17

Judicial review signifies that the supreme court

Detailed Solution for Test: Constitution Of India - 1 - Question 17

Judicial review allows the Supreme Court to:

  • Review cases that have been decided by the High Courts.
  • Declare laws passed by states as unconstitutional if they violate the Constitution.

This power ensures that all laws and actions conform to the Constitution, maintaining the rule of law in the country.

Test: Constitution Of India - 1 - Question 18

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

Detailed Solution for Test: Constitution Of India - 1 - Question 18

There are 5 ways to acquire Indian citizenship:

  • by Birth
  • by Descent
  • by Registration
  • by Naturalization
  • by Incorporation of territories
Test: Constitution Of India - 1 - Question 19

How can the citizenship of India be terminated?

Detailed Solution for Test: Constitution Of India - 1 - Question 19

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.

Test: Constitution Of India - 1 - Question 20

What does the "life of contradiction" mentioned in the passage refer to?

Detailed Solution for Test: Constitution Of India - 1 - Question 20

The "life of contradiction" in the passage refers to the coexistence of equality in politics with inequality in social and economic structures. The passage highlights that while India will achieve political equality on January 26, 1950, social and economic inequality will persist. This unresolved contradiction could eventually jeopardize democracy. Furthermore, the passage emphasizes that India must progress beyond political democracy and adopt social democracy. Social democracy is described as a way of life based on the principles of liberty, equality, and fraternity, requiring a fairer distribution of wealth and power. ​

Test: Constitution Of India - 1 - Question 21

According to Dr. Ambedkar, what will happen if we continue to deny equality in our social and economic systems?

Detailed Solution for Test: Constitution Of India - 1 - Question 21

Dr. Ambedkar argues that denying equality in social and economic structures will put political democracy at risk. He highlights the importance of addressing this inequality to ensure the stability and sustainability of democracy. Without resolving these contradictions, the democratic system itself could face significant challenges.

Test: Constitution Of India - 1 - Question 22

According to Dr. Ambedkar, what would be the reason if the new Constitution fails?

Detailed Solution for Test: Constitution Of India - 1 - Question 22

Dr. Ambedkar emphasizes that the success or failure of the Constitution depends on the people tasked with implementing it. A good Constitution can fail if the individuals working with it are incompetent or corrupt, while even a flawed Constitution can succeed if handled by capable and virtuous individuals. Therefore, the failure of the new Constitution would stem from the incompetence or inadequacy of those responsible for its execution, not the Constitution itself.

Test: Constitution Of India - 1 - Question 23

What is the meaning of social democracy?

Detailed Solution for Test: Constitution Of India - 1 - Question 23

Social democracy refers to a way of life that upholds the principles of liberty, equality, and fraternity. It emphasizes creating a society where everyone has equal opportunities, ensuring fairness and justice in social, economic, and political aspects of life. It goes beyond mere legal equality to foster a sense of community and shared responsibility.

Test: Constitution Of India - 1 - Question 24

Can a person waive his fundamental right?

Detailed Solution for Test: Constitution Of India - 1 - Question 24

The doctrine 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 that have been for the first time enacted in the constitution and it would be a sacrilege to whittle down these rights.

Test: Constitution Of India - 1 - Question 25

Identify the correct statement:

Detailed Solution for Test: Constitution Of India - 1 - Question 25

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.

Test: Constitution Of India - 1 - Question 26

Sakshi, accused of murdering her husband, is the only person with access to their farmhouse apart from the victim. Authorities obtained a warrant to search Sakshi's house, but she opposed it, claiming the search violated her right against self-incrimination as it might force her to produce evidence against herself.

Detailed Solution for Test: Constitution Of India - 1 - Question 26

A search does not violate the right against self-incrimination because Sakshi is not directly being compelled to produce incriminating evidence herself. The right applies to testimonial acts, not passive searches conducted by the authorities.

Test: Constitution Of India - 1 - Question 27

Selvi, charged under POCSO for sexual assault and grievous hurt, challenges a magistrate’s approval for a narcotics test. In this test, the accused is sedated and interrogated in a hypnotic state, where answers might be involuntary. Selvi argues that such tests violate the right against self-incrimination.

Detailed Solution for Test: Constitution Of India - 1 - Question 27

The test should not be allowed as answering questions under sedation violates the right against self-incrimination. Any information extracted in an involuntary state infringes on constitutional protections under Article 20(3).

Test: Constitution Of India - 1 - Question 28

Allowing Narcotics Analysis with Consent
In the same scenario, Selvi consents to the narcotics test, claiming it might prove innocence. However, the court hesitates, fearing that allowing such tests could set a dangerous precedent, promoting measures that undermine the accused’s autonomy over disclosing information.

Detailed Solution for Test: Constitution Of India - 1 - Question 28

The court can allow the application because the accused is providing voluntary consent for the test. Article 20(3) of the Indian Constitution protects against compelled self-incrimination. However, if the accused willingly agrees to undergo the test, there is no compulsion, and thus, no violation of Article 20(3). The protection against self-incrimination applies only when the person is forced to provide evidence against themselves, not when they consent to it.

Test: Constitution Of India - 1 - Question 29

Under what circumstances can a bad Constitution function effectively?

Detailed Solution for Test: Constitution Of India - 1 - Question 29

Dr. Ambedkar highlights that the success or failure of a Constitution depends on the people who are responsible for its implementation. Even a flawed or "bad" Constitution can yield good results if it is handled by capable, ethical, and competent individuals. Conversely, a good Constitution can fail if managed by those who are inept or corrupt.

Test: Constitution Of India - 1 - Question 30

Quorum means

Detailed Solution for Test: Constitution Of India - 1 - Question 30

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

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