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Test: Constitution Of India - 6

50 Questions MCQ Test Legal Reasoning for CLAT | Test: Constitution Of India - 6

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Attempt Test: Constitution Of India - 6 | 50 questions in 30 minutes | Mock test for CLAT preparation | Free important questions MCQ to study Legal Reasoning for CLAT for CLAT Exam | Download free PDF with solutions

QUESTION: 1

Supreme court as a court of record under Art. 129 means

A.
Power to hear appeals and revisions
B.
All the powers including power to punish for contempt of court
C.
Power to make laws
D.
The court that maintains records of all lower courts.

Solution:

QUESTION: 2

Besides its permanent seat at Delhi, the Supreme Court can also meet at

A.
Any other Union Territory
B.
Any other place as decided by the Chief Justice of India in consultation with the President
C.
Any other metropolitan city
D.
Any other major city

Solution:

QUESTION: 3

Who is appointed as an adhoc judge of the Supreme Court?

A.
A sitting judge of a High Court duly qualified for appointment as a Supreme Court Judge
B.
A person fully qualified for appointment as a Judge of the Supreme Court
C.
A retired judge of Supreme Court
D.
An acting judge of the Supreme Court

Solution:

QUESTION: 4

Which of the following is covered under the original jurisdiction of the Supreme Court?

A.
Dispute relating to civil matters
B.
Dispute between two citizens from two different states
C.
Dispute relating to criminal cases involving murder
D.
Disputes between two states of the Indian Union

Solution:

QUESTION: 5

The cases involving an interpretation of the Constitution fall within the

A.
Original jurisdiction of the Supreme Court
B.
Advisory jurisdiction of the Supreme Court
C.
Appellate jurisdiction of the Supreme Court
D.
none of these jurisdiction.

Solution:

The correct option is A.
Original jurisdiction is related to cases which are directly brought to the Supreme Court Cases which require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard In the supreme court.

QUESTION: 6

Assertion (A): The Supreme Court of India enjoys the power of Judicial Review

Reason (R): The Supreme Court of India is obliged to enforce the laws enacted by the Parliament without going into their constitutionality.

A.
both A and R are true and R is the correct explanation of A
B.
both A and R are true but R is not a correct explanation of A
C.
A is true but R is false
D.
A is false but R is true

Solution:

QUESTION: 7

Under which constitutional article, jurisdiction of the Supreme Court has been retained over the Administrative Tribunals—

A.
Article 356
B.
Article 136
C.
Article 132
D.
Article 134

Solution:

QUESTION: 8

Under which Constitutional Article, Special leave to appeal lies with the Supreme Court—

A.
Article 136
B.
Article 137
C.
Article 138
D.
Article 139

Solution:

QUESTION: 9

Under which Constitutional Article enlargement of the jurisdiction of the Supreme Court is mentioned—

A.
Article 145
B.
Article 148
C.
Article 138
D.
Article 143

Solution:

QUESTION: 10

Which Constitutional Article defines law declared by Supreme Court to be binding on all courts—

A.
Article 142
B.
Article 141
C.
Article 143
D.
Article 144

Solution:

QUESTION: 11

Under which Constitutional Article, Civil and Judicial authorities are to act in aid of the Supreme Court—

A.
Article 245
B.
Article 248
C.
Article 146
D.
Article 144

Solution:

QUESTION: 12

In which cases the supreme court does not have original jurisdiction?

A.
The dispute must be b/w govt. of India and one or more states
B.
The dispute must be b/w govt. of India and any state or states on one side and one or more states on the other side
C.
b/w two or more states
D.
b/w two or more countries

Solution:

QUESTION: 13

Appellate jurisdiction of supreme court in constitutional matters are mentioned under

A.
Art. 132
B.
Art. 133
C.
Art. 134
D.
Art. 131

Solution:

QUESTION: 14

Appellate jurisdiction of supreme court in criminal matters are mentioned under

A.
Art. 132
B.
Art. 133
C.
Art. 134
D.
Art. 131

Solution:

QUESTION: 15

Appeal to the supreme court by Special leave petition (SLP) under

A.
Art. 132
B.
Art. 133
C.
Art. 134
D.
Art. 136

Solution:

QUESTION: 16

Which are the grounds of review of a case in supreme court?

A.
discovery of new and important matter or evidence
B.
any mistake or error apparent on the face of the record
C.
any other sufficient reason
D.
all of the above

Solution:

QUESTION: 17

The law declared by the Supreme Court shall be binding on all the courts (except Supreme Court) within the territory of India (doctrine of stare decisis) is mentioned under

A.
Art. 143
B.
Art. 137
C.
Art. 141
D.
Art. 142

Solution:

QUESTION: 18

Who is appointed the controller and auditor general of India (CAG)?

A.
President by a warrant under his hand and seal
B.
prime minister
C.
chief justice of India
D.
home ministry

Solution:

QUESTION: 19

The salary and other conditions of service of the CAG are required to be determined by

A.
President
B.
Parliament
C.
Prime minister
D.
Chief justice of India

Solution:

QUESTION: 20

Who is known as the guardian of public purse in India?

A.
president
B.
controller and auditor general (CAG)
C.
prime minister
D.
speaker of Lok Sabha

Solution:

QUESTION: 21

Whether a person can be appointed as Governor for two or more than two states?

A.
Yes
B.
No
C.
Only for a period of 6 months
D.
Only for a period of 9 months

Solution:

A is the correct option.Article 153 of the Indian Constitution states that there will be a governor for each state; however, it doesn’t state that there needs to be one governor for every state hence a governor can be appointed for two or more states. This can be done at any time and does not require and specific circumstance.
Example of appointed governor for two states
andhra pradesh and telangana- E.S.L. Narsimhan and
madhya pradesh and gujarat-om prakash kohli.

QUESTION: 22

The executive power of the state shall be vested with the

A.
President
B.
Prime minister
C.
Governor
D.
Home minister

Solution:

QUESTION: 23

The governor of a state shall be appointed by the

A.
Prime minister
B.
Chief justice of high court
C.
Chief minister
D.
President

Solution:

QUESTION: 24

What is the minimum age required to become a governor?

A.
25 yrs.
B.
30 yrs.
C.
35 yrs.
D.
40 yrs.

Solution:

QUESTION: 25

Which are the conditions of governor office or to become a governor of a state?

A.
The governor shall not be a member of either house of parliament or of state legislature.
B.
The governor shall not hold any office of profit
C.
The emoluments and allowances of the governor shall not be diminished during his term of office.
D.
All of the above

Solution:

QUESTION: 26

The normal term of governor office is

A.
6 yrs.
B.
5 yrs.
C.
3 yrs.
D.
2 yrs.

Solution:

QUESTION: 27

If a governor of a state dies, who becomes the acting governor?

A.
Chief justice of the state high court
B.
Anyone appointed by the president
C.
Chief minister
D.
Chief secretary

Solution:

QUESTION: 28

The ordinances promulgated by the governor are subject to the approval of the

A.
Prime minister
B.
Vice president
C.
Chief justice of a high court
D.
State legislature

Solution:

QUESTION: 29

No money bill can be introduced in the legislative assembly of the state except on the recommendations of

A.
Governor of the state
B.
President
C.
Prime minister
D.
Parliament

Solution:

QUESTION: 30

The governor does appoint

1. Judges of high court
2. Chief minister
3. Chairperson of state public service commission
4. Advocate general of state

Select the correct answer from the codes given below.

A.
1,2,3,4
B.
2,3,4 only
C.
1,2,4 only
D.
2,4 only

Solution:

The correct option is B.
The Chief Justice and Judges of the High Courts are to be appointed by the President under clause (1) of Article 217 of the Constitution.

QUESTION: 31

One of the following is correct.

1. The governor can withhold a bill
2. The governor can send a bill to the state legislature
3. The governor can reserve the bill for president consideration

A.
Only 1 is true
B.
Only 1 and 2 are true
C.
Only 2 and 3 are true
D.
All are true

Solution:

QUESTION: 32

Legislative council of a state is elected for a term of

A.
4 yrs.
B.
6 yrs.
C.
5 yrs.
D.
A permanent house and is not subject to dissolution

Solution:

B is the correct option. The tenure of the MLCs are “six years”. One-third of the members of the Legislative Council retire after every two years. This arrangement parallels that for the Rajya Sabha, the upper house of the Parliament of India.

QUESTION: 33

The strength of the legislative council of the state cannot exceed ………………of the membership of the legislative assembly

A.
One half
B.
One third
C.
One fourth
D.
One fifth

Solution:

QUESTION: 34

The maximum strength of the elected members in a state legislative assembly can be

A.
250
B.
300
C.
450
D.
500

Solution:

D is the correct option. Its maximum size as outlined in the Constitution of India is not more than 500 members and not less than 60. However, the size of the Vidhan Sabha can be less than 60 members through an Act of Parliament, such is the case in the states of Goa, Sikkim and Mizoram.

QUESTION: 35

The members of legislative assembly are elected for a term of

A.
3 yrs.
B.
4 yrs.
C.
5 yrs.
D.
6 yrs.

Solution:

QUESTION: 36

The members of legislative assembly of a state varies b/w

A.
60 and 500
B.
100 and 300
C.
150 and 450
D.
100 and 400

Solution:

QUESTION: 37

The council of ministers of an Indian state is collectively responsible to the

A.
Legislative council
B.
Legislative assembly
C.
Both the houses of state legislature
D.
Governor

Solution:

QUESTION: 38

Who presides the meetings of the council of ministers in a state

A.
Governor
B.
Speaker of legislative assembly
C.
Chief minister
D.
None of the above

Solution:

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

QUESTION: 39

The chief minister who is the head of the government in a state, is

A.
Elected by the state legislature
B.
Appointed by the governor
C.
Appointed by the president
D.
Appointed by the governor on the advice of chief justice of a high court

Solution:

QUESTION: 40

The governor can recommend imposition of the president rule in the state

A.
At his discretion
B.
On the recommendation of the state council of ministers
C.
On the recommendation of state legislature
D.
Only on demand from the president

Solution:

A is the correct option. The governor can recommend imposition of the president rule in the state At his discretion, if he is convinced that the government of the State cannot be carried on in accordance with the provisions of the following Constitution of India.

QUESTION: 41

Unless approved by state legislature, an ordinance issued by the governor remains in force for a maximum period of

A.
One year
B.
6 months
C.
6 weeks
D.
2 years

Solution:

QUESTION: 42

Power to grant pardons vested with the governor of a state is mentioned under

A.
Art. 213
B.
Art. 161
C.
Art. 162
D.
Art. 163

Solution:

QUESTION: 43

There shall be a Council of ministers with the……………………at the head to aid and advise the governor in the exercises of his function

A.
Chief justice of a high court
B.
Speaker of legislative assembly
C.
Chief minister
D.
None of the above

Solution:

QUESTION: 44

The advocate general of a high court is appointed by the

A.
Chief minister
B.
Governor
C.
Chief justice of a high court
D.
President

Solution:

QUESTION: 45

The advocate general holds his office

A.
For 5 years
B.
For 6 years
C.
During the pleasure of president
D.
During the pleasure of governor

Solution:

QUESTION: 46

For the abolition or creation of legislative councils in states, a resolution has been passed by legislative assembly with majority of not less than…………of the members of assembly present and voting

A.
One third
B.
Two third
C.
One fourth
D.
One fifth

Solution:

QUESTION: 47

The duration of the legislative council is

A.
5 years
B.
4 years
C.
Duration of legaslative council is 6 years but 1/3rd members retire after every two years.
D.
2 years

Solution:

QUESTION: 48

If any member of state legislature is absent for continuously …………………from the meetings, the house may declare his seat vacant.

A.
30 days
B.
60 days
C.
90 days
D.
45 days

Solution:

QUESTION: 49

Which is the correct option regarding a member is disqualified from the legislative assembly/legislative council of a state.

A.
If he holds any office of profit under govt. of India or the govt. of any state.
B.
If he is of unsound mind declared by competent court, if he is an undischarged insolvent
C.
If he is not a citizen of India, if he is so disqualified by or under any law made by parliament
D.
All of the above