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Test: Constitution Of India - 2


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Test: Constitution Of India - 2 - Question 1

Which article has abolished the child labour?

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

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.

Test: Constitution Of India - 2 - Question 2

What is the minimum permissible age for employment in any factory or mine?

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

The minimum permissible age employment in any factory or mine is 14 years. The Child Labour (Prohibition and Regulation) act 1986 ensures the safety of the child (below 14 years) for certain employment areas. Article 24 of Indian constitution provides protection of children from involvement in economic activities unsuited to their age.

Test: Constitution Of India - 2 - Question 3

The prohibition of traffic in human beings and ‘beggar’ comes under

Detailed Solution for Test: Constitution Of India - 2 - Question 3

Article 23 of the Indian Constitution explicitly prohibits and criminalises human trafficking and forced labour.

Test: Constitution Of India - 2 - Question 4

Protection and interests of the minorities is envisaged in which article of the constitution?

Detailed Solution for Test: Constitution Of India - 2 - Question 4

Article 29 – Protection of Interests of Minorities

This article is intended to protect the interests of minority groups.

Test: Constitution Of India - 2 - Question 5

Under which article of the constitution are the cultural and educational rights granted?

Detailed Solution for Test: Constitution Of India - 2 - Question 5

Articles 29 and 30 grant cultural and educational rights to the minorities.

  • Article 29 protects the interests of the minorities by making a provision that any citizen / section of citizens having a distinct language, script or culture have the right to conserve the same. It also mandates that no discrimination would be done on the ground of religion, race, caste, language or any of them
  • Article 30 mandates that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Test: Constitution Of India - 2 - Question 6

Right to fly the national flag comes under the

Detailed Solution for Test: Constitution Of India - 2 - Question 6

The right to fly the National Flag is a fundamental right within the meaning of Article 19(1) (a) of the Constitution.

Test: Constitution Of India - 2 - Question 7

Which are the reasonable restrictions on freedom of speech and expression under Art.19(2)

Detailed Solution for Test: Constitution Of India - 2 - Question 7

Article 19(2) states that the government may impose reasonable restrictions upon the freedom of speech and expression in the interest of the following factors: 

  • Sovereignty and integrity of India
  • The security of the State
  • Friendly relations with foreign States
  • Public order
  • Decency or morality or in relation to contempt of court
  • Defamation
  • Incitement to an offence
Test: Constitution Of India - 2 - Question 8

The no. of categories of freedom that an Indian citizen shall have is……………under Art. 19 which forms the core of the chapter on fundamental rights?

Detailed Solution for Test: Constitution Of India - 2 - Question 8

Article 19 of the Indian constitution mentions six freedoms that are available to the citizens of India:

  • Freedom of speech and expression
  • Freedom to assemble peacefully and without arms
  • Freedom to form Associations and Unions
  • Freedom to move freely throughout the territory of India
  • Freedom to reside and settle in any part of India
  • Freedom to practice any profession or to carry on any occupation, trade or business
Test: Constitution Of India - 2 - Question 9

The preamble to our constitution includes all the following except

Detailed Solution for Test: Constitution Of India - 2 - Question 9

The preamble specifies character and values like sovereign, socialist, secular, democratic, republic, justice, liberty, equality, fraternity. It doesn't include anything about adult franchise.

Test: Constitution Of India - 2 - Question 10

The constitution of India

Detailed Solution for Test: Constitution Of India - 2 - Question 10

Under Article 13 of the Indian Constitution, the compulsion of judicial review was described in fundamental rights in Part III.

Test: Constitution Of India - 2 - Question 11

The preamble of our constitution includes all except

Detailed Solution for Test: Constitution Of India - 2 - Question 11

The preamble specifies character and values like sovereign, socialist, secular, democratic, republic, justice, liberty, equality, fraternity. It doesn't include anything about adult franchise.

Test: Constitution Of India - 2 - Question 12

Can a person waive his fundamental right?

Detailed Solution for Test: Constitution Of India - 2 - Question 12

The fundamental rights are mandatory and no citizen can by his act or conduct relievethe state of the solemn obligation imposed on it. 

Test: Constitution Of India - 2 - Question 13

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.

Detailed Solution for Test: Constitution Of India - 2 - Question 13

Article 30 in The Constitution Of India 1949 is right of minorities to establish and administer educational institutions. 

  • All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to above clause, the State shall ensure that, the amount fixed by or determined under such law for the acquisition of such property in such as would not restrict or abrogate the right guaranteed under that clause.
  • The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Thus, it can be concluded that the given assertion is 'true' and reason is 'false'.

Test: Constitution Of India - 2 - Question 14

(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:

Detailed Solution for Test: Constitution Of India - 2 - Question 14

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.

Test: Constitution Of India - 2 - Question 15

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. If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then:

Detailed Solution for Test: Constitution Of India - 2 - Question 15

The law of parliament would violate an individual’s freedom not to join any association and therefore be unconstitutional. As the parliament has certain restriction to not curtail anyone right so the law turns unconstitutional.

Test: Constitution Of India - 2 - Question 16

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. If Parliament enacts is law that requires a trade union to open its membership to all the employees, then

Detailed Solution for Test: Constitution Of India - 2 - Question 16

Article 19 (1)(c) of the Constitution of India guarantees to all citizens the right "to form associations and unions". Under clause (4) of Article 19, the state may by law impose reasonable restrictions on this right in the interest of public order or morality or the sovereignty and integrity of India.In the above question if the Parliament enacts a law that requires a trade union to open its membership to all employees, then such a law would not infringe any fundamental right to freedom of association.

Test: Constitution Of India - 2 - Question 17

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.  If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then:

Detailed Solution for Test: Constitution Of India - 2 - Question 17

The agreement would be illegal as it would curtail the union members right to decide with whom they would like to associate

Test: Constitution Of India - 2 - Question 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. If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then:

Detailed Solution for Test: Constitution Of India - 2 - Question 18

Since strike is only one of the objectives with which a trade union is formed, right to strike is not protected by the right to freedom of association.

Test: Constitution Of India - 2 - Question 19

Which of the following includes right to life mentioned under Art 21 of the constitution?

Detailed Solution for Test: Constitution Of India - 2 - Question 19

Article 21 states that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law'. Hence, according to the article all of the options are included under it.

Test: Constitution Of India - 2 - Question 20

In which case it was held by Supreme court that right to die did not include under right to life mentioned under Art. 21?

Detailed Solution for Test: Constitution Of India - 2 - Question 20

In the Smt. Gian Kaur V. State of Punjab case, it was held by Supreme court that right to die did not include under right to life mentioned under Art. 21.

Test: Constitution Of India - 2 - Question 21

Right to privacy is included under

Detailed Solution for Test: Constitution Of India - 2 - Question 21

The right to privacy was included under Right to personal liberty after Kharak Singh's case.

Test: Constitution Of India - 2 - Question 22

Right to travel abroad has been held to be included within the expression “…………………….” Within the meaning of Art. 21

Detailed Solution for Test: Constitution Of India - 2 - Question 22

Article 21 of the Constitution of India, 1950 provides that, 'No person shall be deprived of his life or personal liberty except according to procedure established by law.'

Test: Constitution Of India - 2 - Question 23

Under Art. 21 A, the state shall provide free and compulsory education to all children of the age of …………………… in such manner as the state may by law determine

Detailed Solution for Test: Constitution Of India - 2 - Question 23

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right.

Test: Constitution Of India - 2 - Question 24

Whether a non citizen of India can claim the protection under Art. 22?

Detailed Solution for Test: Constitution Of India - 2 - Question 24

Yes. They also have the right to protection against arrest in certain cases under Article 22 of the Constitution. They are protected from trafficking and forced labour. (Article 23) Foreign nationals under the age of 14 cannot be employed in hazardous industries.

Test: Constitution Of India - 2 - Question 25

Right to be produced before the nearest magistrate within ……………

Detailed Solution for Test: Constitution Of India - 2 - Question 25

Section- 76 of CrPC states that the arrested person must be produced in court within 24 hours of his arrest, the same can must exclude the time duration which is required for the journey from the place of arrest to the Magistrate Court.

Test: Constitution Of India - 2 - Question 26

Freedom of religion of religious denominations is mentioned under

Detailed Solution for Test: Constitution Of India - 2 - Question 26

Religious denominations means a small group that functions under a common name, or identity. Article 26 guarantees right to establish and administer religious institutions. 

Test: Constitution Of India - 2 - Question 27

Art. 30(1) guarantees to every…………………………………the right to establish and administer educational institutions of their choice.

Detailed Solution for Test: Constitution Of India - 2 - Question 27

Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Test: Constitution Of India - 2 - Question 28

Person who brings an action on behalf of a minor is known as

Detailed Solution for Test: Constitution Of India - 2 - Question 28

A Next Friend is a person who represents another person who is otherwise unable to maintain a suit on his or her own behalf and who does not have a legal guardian.

Test: Constitution Of India - 2 - Question 29

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

Detailed Solution for Test: Constitution Of India - 2 - Question 29

Obiter dicta are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision.

Test: Constitution Of India - 2 - Question 30

Giving false written document in the form of evidence to the court in a case is known as

Detailed Solution for Test: Constitution Of India - 2 - Question 30

Section 191 of the Indian Penal Code explains that giving false evidence means a person bound by oath or express provision of law, to tell the truth, makes a false statement or a statement that he doesn’t believe to be true or believes to be false. False statement or evidence given by a person can be in written form or otherwise (oral or indicative). Section 191 is also known as 'Perjury' under English Perjury Act 1911.

Test: Constitution Of India - 2 - Question 31

Which Articles in the Constitution provide regulations for the subordinate courts?

Detailed Solution for Test: Constitution Of India - 2 - Question 31

The Articles 233 to 237 in the Constitution describe the provisions to regulate the organization of Subordinate Courts and to ensure their independence from the Executive.

Test: Constitution Of India - 2 - Question 32

In India, a tax on agricultural incomes can be levied by

Detailed Solution for Test: Constitution Of India - 2 - Question 32

Agricultural income is exempted from taxation and not included under total income. The Central Government cannot impose or levy tax on agricultural income. The exemption clause is mentioned under Section 10 (1) of the Income Tax Act of India. However, state governments can charge agricultural tax. 

Test: Constitution Of India - 2 - Question 33

Under which of the following fundamental rights, Sikhs are permitted to carry kirpan in India?

Detailed Solution for Test: Constitution Of India - 2 - Question 33

As per Article 25, “The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.” 

Test: Constitution Of India - 2 - Question 34

Which one of the following writ protects personal freedom?

Detailed Solution for Test: Constitution Of India - 2 - Question 34

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.

Test: Constitution Of India - 2 - Question 35

Which one of the following fundamental rights was described by Dr. B.R. Ambedkar as “the heart and soul of the constitution”

Detailed Solution for Test: Constitution Of India - 2 - Question 35

Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as ' the heart and soul of the Constitution'. It was made so because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.

Test: Constitution Of India - 2 - Question 36

Any dispute regarding the violation of fundamental rights can be presented

Detailed Solution for Test: Constitution Of India - 2 - Question 36

Fundamental rights are the basic human rights enshrined in Part III of the Indian Constitution. A person can approach the Courts in case of violation or enactment of fundamental rights through five kinds of writs.

Test: Constitution Of India - 2 - Question 37

The writ of prohibition is issued by the supreme court or high court against

Detailed Solution for Test: Constitution Of India - 2 - Question 37

The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc.

Test: Constitution Of India - 2 - Question 38

Which one of the following fundamental rights is restrained by the preventive detention act?

Detailed Solution for Test: Constitution Of India - 2 - Question 38

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.

Test: Constitution Of India - 2 - Question 39

Which of the following writs literally means “you may have the body”

Detailed Solution for Test: Constitution Of India - 2 - Question 39

Habeas Corpus is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained , whether in prison or in private custody, before a court and to release him if such detention is found illegal.

Test: Constitution Of India - 2 - Question 40

The writ of certiorari is issued by a superior court

Detailed Solution for Test: Constitution Of India - 2 - Question 40

The Writ of Certiorari is issued by the Supreme Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration. The Writ of Certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court.

Test: Constitution Of India - 2 - Question 41

The writ of mandamus is issued by a superior court

Detailed Solution for Test: Constitution Of India - 2 - Question 41

If a judge grants a writ of mandamus, he or she is issuing a direct order from the bench to the lower court or government official, demanding they comply with the law in the disputed issue.

Test: Constitution Of India - 2 - Question 42

In the case of protection of bonded contract and child labour, which type of remedy we availed?

Detailed Solution for Test: Constitution Of India - 2 - Question 42

In the case of protection of bonded contract and child labour, Public interest litigation (PIL) can be availed. PIL can be filed to secure public interest and demonstrate the availability of justice to socially-disadvantaged parties.

Test: Constitution Of India - 2 - Question 43

Judicial activism gained contribution in

Detailed Solution for Test: Constitution Of India - 2 - Question 43

Arthur Schlesinger Jr. introduced the term 'judicial activism' in a January 1947 Fortune magazine article titled The Supreme Court.

In early 1980s, the PIL cases were generally filed by public spirited persons (lawyers, Journalists, social activists or academicians). 

Most of the cases are related to the rights of disadvantaged sections of the society such as child labourers, prisoners, mentally challenged .

Test: Constitution Of India - 2 - Question 44

Rule of res judicata is not applicable or exception to the rule of res judicata in the writ of

Detailed Solution for Test: Constitution Of India - 2 - Question 44

Where the writ of habeas corpus has been refused by the High Court, The petitioner can file an independent petition for the same writ under Article 32 of the Constitution. Not only once or twice, but repeatedly.

The rule of constructive Res Judicata does not apply because there may be certain exceptions to the rule that:

  • The person was not aware of correct facts while filing the first petition, or
  • Events have arisen subsequent to filing of the first petition.

The court must bear in mind that the doctrine of res judicata is confined generally to civil actions but inapplicable to criminal actions and fundamentally lawless order.

Test: Constitution Of India - 2 - Question 45

Rights related to the Members of armed forces are mentioned in

Detailed Solution for Test: Constitution Of India - 2 - Question 45

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.
 

Test: Constitution Of India - 2 - Question 46

Which are the principles for the exercise of writ jurisdiction?

Detailed Solution for Test: Constitution Of India - 2 - Question 46

The principles for invoking writ jurisdiction are:

  • Discretion 
  • The alternate, equally efficacious remedy test
  • Judicial review of executive actions
  • Judicial review of legislative action
  • Writ Futility test
  • Residuary principle
Test: Constitution Of India - 2 - Question 47

For the issuance of Habeas corpus writ, the detention is found to be

Detailed Solution for Test: Constitution Of India - 2 - Question 47

Habeas Corpus is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention.

Test: Constitution Of India - 2 - Question 48

The writ of quo warranto can be claimed by any member of the public, whether any right of such person has been infringed or not. This statement is……………

Detailed Solution for Test: Constitution Of India - 2 - Question 48

Quo warranto is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies. Quo warranto is used to test a person's legal right to hold an office, not to evaluate the person's performance in the office.

Test: Constitution Of India - 2 - Question 49

If the holder of the office was initially not qualified to hold it, but subsequently gets qualified for the office. In this scenario writ of quo warranto would lie or not.

Detailed Solution for Test: Constitution Of India - 2 - Question 49

Through the Quo Warranto writ, the Court calls upon a person holding a public office to show under what authority he holds that office. If it is found that the person is not entitled to hold that office, he may be ousted from it. However, If the holder is qualified for the office, the writ does not lie.

Test: Constitution Of India - 2 - Question 50

Under the writ of Mandamus, the Court can

Detailed Solution for Test: Constitution Of India - 2 - Question 50

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.

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