Test: Constitution Of India - 3 - CLAT MCQ

According to article no. 32 of Indian constitution, the power of issuing writ is vest in Supreme Court and High Court can also issue writ according to article 226.

Answer: A. To prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice

A writ of Prohibition is a legal order issued by a superior court to Prevent an inferior court, tribunal, or other judicial or quasi-judicial body from:
- Exceeding its jurisdiction, which means acting beyond the scope of its legal authority
- Acting contrary to the rules of natural justice, which include principles of fairness, impartiality, and the right to a fair hearing
- Protect the rights of individuals and maintain the balance of power among different branches of government
- Ensure that inferior courts and tribunals follow the proper legal procedures and do not violate the rights of the parties involved
- Maintain the rule of law, which means that everyone, including government officials, must act according to the law and be held accountable for their actions

A writ of Prohibition is an important legal tool for preserving the integrity of the judicial system and protecting individual rights.

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.

Ubi Jus Ibi Remedium is a Latin legal maxim which means "where there is a right there is a remedy". The basic principle contemplated in the maxim is that, when a person's right is violated the victim will have an equitable remedy under law. The maxim also states that the person whose right is being infringed has a right to enforce the infringed right through any action before a court. All law courts are also guided with the same principle of Ubi Jus Ibi Remedium.

Ultra Vires

• Ultra vires is a Latin phrase that literally translates to "beyond the powers."
• It is a legal concept that refers to an action taken by a person or entity that is beyond the scope of their authority or powers.
• When an act is considered ultra vires, it is deemed invalid or void, as it goes beyond the legal limits set for the individual or entity performing the act.
• In the context of corporations, ultra vires refers to actions taken by the corporation or its officers that are not authorized by the company's articles of incorporation or bylaws, and thus are considered outside the powers granted to the corporation.
• In the context of government, ultra vires refers to actions taken by a government agency or official that exceed the authority granted to them by law or the constitution

 

To answer the multiple-choice question, the correct option is:

B: Beyond the authority or powers

This is because ultra vires specifically refers to actions or decisions that are beyond the authority or powers granted to an individual, corporation, or government entity.

Answer: B. Amendment

Explanation:
The Parliament of India can change, modify, or alter any provision in the Constitution of India through the process of Amendment. The Constitution of India provides for a specific procedure for amendments, which is mentioned in Article 368. This process ensures that necessary changes can be made to the Constitution to address evolving needs and issues, while also maintaining its basic structure and principles.

The process of Constitutional Amendment involves the following steps:

1. Introduction of the amendment bill: A proposed amendment must first be introduced as a bill in either house of the Parliament (Lok Sabha or Rajya Sabha). The bill can be introduced by either a private member or a minister.

2. Majority requirement: For the amendment bill to be passed, it must be approved by a majority of the total membership of each house, as well as by a two-thirds majority of the members present and voting in each house of the Parliament.

3. Special majority for certain amendments: If the proposed amendment seeks to alter provisions related to federal structure, distribution of powers between the central and state governments, or provisions related to the representation of states in the Parliament, it must also be ratified by at least half of the state legislatures in India.

4. Presidential assent: Finally, the passed amendment bill must be sent to the President of India for their assent. Once the President gives their assent, the amendment becomes a part of the Constitution.

Through this process, the Parliament can modify any provision of the Constitution of India, ensuring that it remains relevant and adaptable to the changing needs of the country.

C is the correct option. Article 52 proves that there shall be a President of the country.

Answer: D. Vice President Explanation:

• In the absence of the President of India, the Vice President assumes the office and performs the duties and responsibilities of the President.
• The Vice President acts as the ex-officio Chairman of the Rajya Sabha and ensures the smooth functioning of the Parliament.
• Importantly, the Vice President may also assume the role of the President if the latter is unable to discharge their duties due to illness, resignation, impeachment, or any other circumstance.
• In a situation where both the President and the Vice President are unavailable, the Chief Justice of India, or in their absence, the senior-most judge of the Supreme Court, would step in to perform the duties of the President.

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

The Comptroller and Auditor-General of India is appointed by the President of India following a recommendation by the Prime Minister. On appointment, he/she has to make an oath or affirmation before the President of India.

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"

Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. It states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India.

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. The makers of the Constitution of India were influenced by the Irish nationalist movement. Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of State Policy

The correct answer is: B: To develop the scientific temper Explanation: 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.

The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them.

There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions. The Prime Minister is appointed by the President, who also appoints other ministers on the advice of Prime Minister. The Council is collectively responsible to the Lok Sabha.

The Vice President of India is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions.

The president is bond to act on the recommendations of prime minister and the cabinet misteres

In the event of the death of the President the vice-President acts as President for a maximum period of six months.

 

The Prime Minister of India is the leader of the executive of the government of India. The Prime Minister is also the chief adviser to the president of India and head of the Council of Ministers.At the pleasure of the president Lok Sabha term is 5 years unless dissolved sooner No term limits specified.

Article 37 of the Constitution says - Directive principles are not 'enforceable' by the court. So you can't approach court for it's enforcement

Answer: B. Directive Principle The separation of judiciary from the executive is enjoined by the Directive Principles of State Policy. These principles are mentioned in Part IV of the Indian Constitution. - The Directive Principles of State Policy are guidelines for the government to frame policies and legislation in the best interest of the citizens. - The aim of these principles is to establish social and economic democracy in the country. - Separation of judiciary from the executive is mentioned in Article 50 of the Indian Constitution, which falls under the Directive Principles of State Policy. - This separation ensures an independent and impartial judicial system, free from any external influence or interference. - It also helps maintain the rule of law, protect the fundamental rights of citizens, and provide a fair and just system for resolving disputes. In conclusion, the separation of judiciary from the executive is a key principle enshrined in the Indian Constitution through the Directive Principles of State Policy, which guides the government in framing policies and laws that promote justice and the rule of law.

The directive principles are positive instruction to the state to establish a just socioeconomic and political order.

The correct option is A.
The directive principles ensure that the State shall strive to promote the welfare of the people by securing a social order in which social, economic and political justice is animated/informed in all institutions of life per Article 38

Executive power of the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Supreme command of defence forces of the Union also vests in him.

Answer: A. Prime Minister Explanation: - In a parliamentary system of government, the Prime Minister is the head of the government and plays a central role in deciding the allocation of portfolios to the ministers. - The process of portfolio allocation involves various factors, such as: - Political considerations: Balancing regional and caste representation, and rewarding loyalty or electoral performance. - Experience and expertise: The background and qualifications of the ministers are considered to determine their suitability for a particular portfolio. - Coalition dynamics: In a coalition government, the Prime Minister needs to accommodate the demands of the coalition partners while allocating portfolios. - Once the Prime Minister decides the allocation, the list of ministers and their portfolios is sent to the President for formal approval. - After the President's approval, the ministers take the oath of office and secrecy, and then assume the responsibilities of their respective portfolios.

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.

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. 

Answer: A

Both Assertion (A) and Reason (R) are true, and R is the correct explanation of A.

Explanation:

• The president of India is the highest constitutional authority in the country and enjoys special privileges under the Constitution of India. These privileges are mentioned in Article 361 of the Constitution, which states that the president shall not be answerable to any court for the exercise and performance of his powers and duties.
• Equality before the law, as mentioned in Article 14 of the Constitution, states that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. However, this principle is not applicable to the president of India due to the special privileges granted to him/her under Article 361.
• The reason behind granting these special privileges to the president of India is to ensure the dignity, independence, and efficient functioning of the office. It is to protect the president from any frivolous or politically motivated legal actions that could hamper the exercise of his/her powers and duties.

Thus, the president of India enjoys special privileges under the Constitution, making the principle of equality before the law not applicable to him/her, which is the correct explanation for the assertion.

Answer: B

The President of India is elected on the basis of:

• Proportional representation by a single transferable vote
• Indirect election by an Electoral College
• Electoral College consists of elected members of both houses of Parliament and elected members of the Legislative Assemblies of the States and Union territories
• Each member of the Electoral College has a certain number of votes, determined by a formula specified in the Constitution
• Candidates require a certain quota of votes to be elected, which is determined by the total number of valid votes cast and the number of candidates
• Voting is carried out using a secret ballot and a preferential voting system, where electors rank candidates in order of preference
• Votes are transferred from less preferred candidates to more preferred candidates until a candidate reaches the required quota or only one candidate remains

This method ensures that the President is elected by a broad consensus, reflecting the federal nature of India's political system and giving equal representation to different regions and communities.