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Laxmikanth Test: Working of the Constitution- 1 - Free MCQ with solutions


MCQ Practice Test & Solutions: Laxmikanth Test: Working of the Constitution- 1 (10 Questions)

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Test Highlights:

  • - Format: Multiple Choice Questions (MCQ)
  • - Duration: 12 minutes
  • - Number of Questions: 10

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Laxmikanth Test: Working of the Constitution- 1 - Question 1

With regard to the tenure and service terms of the State Information Commissioners, consider the following statements:

  1. They may serve a term of 5 years or until they reach the age of 65 years.
  2. The salaries, allowances, and other terms of service for the State Information Commissioner shall be the same as those applicable to a High Court Judge.

Detailed Solution: Question 1

Correct Option - A

The correct answer is Option A - 1 only

Under the Right to Information Act, 2005, a State Chief Information Commissioner and State Information Commissioners hold office for a term of five years from the date on which they enter upon their office or until they attain the age of sixty-five years, whichever is earlier; they are not eligible for reappointment.

The salaries, allowances and other terms of service of these officers are prescribed by the State Government in accordance with the Act and rules made thereunder; the Act does not provide that their emoluments are the same as those of a High Court Judge.

Consequently, the first statement is correct and the second statement is incorrect, so Option A is the correct choice.

Laxmikanth Test: Working of the Constitution- 1 - Question 2

Which of the following are instruments of the "Direct Democracy"?

  1. Referendum
  2. Recall
  3. Initiative
  4. Plebiscite

Detailed Solution: Question 2

Correct Option - D

The correct answer is Option D - 1, 2, 3 and 4

Referendum is a procedure in which a specific proposal or law is submitted to a direct vote by the electorate for approval or rejection; it is commonly used for major legislative or constitutional questions and is usually binding where provided.

Initiative enables citizens to propose a legislative measure or constitutional amendment by collecting a required number of signatures, thereby placing the proposal before the people or the legislature for consideration; it is a direct tool for originating law-making proposals.

Recall is the procedure by which voters can remove an elected representative from office before the expiry of the term through a petition and subsequent vote; it directly empowers the electorate to hold representatives accountable.

Plebiscite is a popular vote to ascertain the opinion of the people on a matter of public importance (for example, sovereignty or territorial questions); it is generally consultative (non-binding), though it serves as a direct expression of public will.

Because each of these-Referendum, Initiative, Recall and Plebiscite-involves decision-making directly by the people rather than solely through elected representatives, all four are recognised as instruments of direct democracy.

Laxmikanth Test: Working of the Constitution- 1 - Question 3

Consider the following statements: Statement I: The Directorate of Enforcement is exempt from providing information under the RTI Act, 2005. Statement II: Section 8 of the RTI Act lists the specific organisations that are exempt from disclosure obligations. Which one of the following is correct in respect of the above statements?

Detailed Solution: Question 3

The correct answer is Option C - Statement-I is correct but Statement-II is incorrect.

Section 8 of the Right to Information Act, 2005 specifies the categories of information that are exempt from disclosure, for example information whose disclosure would affect sovereignty and integrity, security, commercial confidence, trade secrets, personal information (unless larger public interest exists), and cabinet papers. Section 8 therefore lists types of information, not particular organisations.

Section 24 makes a different kind of provision: it excludes the application of the Act to certain intelligence and security organisations that are expressly named in the Second Schedule. That is an organisation-based exemption distinct from the information-based exemptions in Section 8.

The Directorate of Enforcement (ED) is covered by the organisation-based exemption provided under Section 24 through its inclusion in the Second Schedule, and is therefore treated as exempt from the disclosure obligations of the Act under that provision.

Accordingly, Statement I is correct and Statement II is incorrect because Section 8 does not list exempt organisations but lists exempt categories of information.

Laxmikanth Test: Working of the Constitution- 1 - Question 4

Consider the following statements regarding the Right to Information (RTI) Act, 2005: 1. All non-Government organisations, whether substantially financed, directly or indirectly, by the Government, are exempt from the RTI Act. 2. Any institution of self-government established or constituted by any other law made by Parliament/State Legislature is covered under the RTI Act. Which of the statements given above is/are not correct?

Detailed Solution: Question 4

The correct answer is Option A - 1 only

Section 2(h) of the Right to Information Act, 2005 defines "public authority" to include authorities or bodies or institutions established or constituted by or under the Constitution, by any law made by Parliament or by a State Legislature, or by notification; and also any body owned, controlled or substantially financed by the appropriate Government.

On the basis of this definition, Statement 1 is incorrect because the Act does not exempt non-government organisations that are substantially financed by the Government; such organisations fall within the scope of public authority and are thus covered by the Act.

Statement 2 is correct because institutions of self-government that are established or constituted by law made by Parliament or a State Legislature are expressly included within the definition of public authority under Section 2(h) and therefore are covered by the Act.

Therefore, only Statement 1 is not correct, which makes Option A the correct choice.

Laxmikanth Test: Working of the Constitution- 1 - Question 5

With reference to the Unlawful Activities (Prevention) Act (UAPA), consider the following statements:

1.The UAPA introduces an alternative structure for criminal law, wherein the conventional principles of criminal legislation undergo a reversal.

2.The criteria for refusing bail under the UAPA require the court to be convinced that there is a "prima facie" case against the accused.

Which of the statements given above is/are correct:

Detailed Solution: Question 5

The correct answer is Option C - Both 1 and 2

The first statement is essentially correct. The Unlawful Activities (Prevention) Act (UAPA) is a special law that departs from ordinary criminal procedure in significant respects by creating a stricter legal regime for offences related to unlawful activities and terrorism; this includes more stringent procedural and investigative measures and tightened conditions affecting detention and release.

This departure does not mean a literal reversal of every principle of criminal law, but in practice the UAPA alters ordinary safeguards-most notably the usual approach to bail-so that the legal consequences and courtroom tests under the UAPA differ from those applied under general penal statutes.

The second statement is correct. Under Section 43D(5) of the UAPA the court must be satisfied that there are reasonable grounds to believe that the accusation is prima facie true before refusing bail, and the Supreme Court in NIA v Zahoor Ahmed Watali (2019) clarified that this requires consideration of the totality of the material on record to see whether a prima facie case exists, without undertaking a detailed appreciation of evidence or deciding guilt.

Because both statutory design and judicial interpretation support the characterisation in the first statement and the prima facie bail test described in the second, both statements are correct.

Laxmikanth Test: Working of the Constitution- 1 - Question 6

Which of the following are included as "consumer rights" under the Consumer Protection Act, 2019? 1. Right to Safety 2. Right to be Heard 3. Right to Seek Redressal 4. Right to Product Liability Select the correct answer using the code given below.

Detailed Solution: Question 6

Correct Option - A

The correct answer is Option A - 1, 2, and 3 only

Consumer Protection Act, 2019 recognises six consumer rights; these are given below.

  • Right to Safety
  • Right to be Informed
  • Right to Choose
  • Right to be Heard
  • Right to Seek Redressal
  • Right to Consumer Education

Statement 1 - Right to Safety: correct. The Act recognises this right to protect consumers from goods or services that are hazardous to life and property.

Statement 2 - Right to be Heard: correct. The right ensures that consumer views and complaints are presented and considered by appropriate authorities and forums.

Statement 3 - Right to Seek Redressal: correct. The Act guarantees access to consumer dispute redressal mechanisms and remedies, including compensation for loss or injury.

Statement 4 - Right to Product Liability: incorrect. The statute contains a separate product liability provision that imposes legal responsibility on manufacturers, sellers and service providers for defective products or deficient services; it is not listed among the six consumer rights.

Hence, statements 1, 2 and 3 are consumer rights under the Act and statement 4 is a separate statutory provision, making Option A the correct choice.

Laxmikanth Test: Working of the Constitution- 1 - Question 7

Review the following statements regarding Democracy:

  1. Statement-I: Democracy rests on a fundamental principle of political equality.
  2. Statement-II: In a Democracy, the Government is not limited by laws or regulations.

Detailed Solution: Question 7

The correct answer is Option C - Statement-I is correct but Statement-II is incorrect

Political equality means that all citizens have equal political rights and an equal voice in public decisions; a core expression of this in practice is the principle of one person, one vote.

Democracy rests on political equality because its legitimacy depends on the equal participation of citizens in choosing their rulers and holding them accountable; this is implemented through measures such as universal adult franchise and the equal value of each vote.

The claim that the government in a democracy is not limited by laws is incorrect: democracies operate under the rule of law and within the bounds of a constitution, with mechanisms like separation of powers and an independent judiciary to ensure that government action is legally constrained and rights are protected.

Therefore, the first statement is correct because democracy is founded on political equality, and the second statement is incorrect because democratic government is subject to legal and constitutional limits.

Laxmikanth Test: Working of the Constitution- 1 - Question 8

Consider the following statements regarding the Surrogacy (Regulation) Act, 2021:

1.According to the Act, any woman between the ages of 35 and 45 can opt for surrogacy if she has a medical condition that makes it necessary.

2.The Act has provisions that allow women to opt for Gestational Surrogacy.

Which of the statements given above is/are correct?

Detailed Solution: Question 8

The correct answer is Option B - 2 only

Statement 1 is incorrect. The law does not permit "any woman" in the stated age band to use surrogacy; the statutory allowance for single women is limited to a widow or a divorced woman, and specific eligibility criteria apply. In addition, the Act sets age limits for the intending married couple as man: 26-55 years and woman: 25-50 years, and prescribes other conditions (for example, absence of a living biological, adopted or surrogate child for the intending couple).

Statement 2 is correct. The Act permits regulated surrogacy in the form of gestational surrogacy (where the surrogate does not provide the egg and therefore is not genetically related to the child) within a framework of rules that allow only altruistic surrogacy and prohibit commercial arrangements; the procedure is permitted subject to the statutory eligibility and procedural safeguards laid down by the Act.

Therefore, only Statement 2 is correct, which corresponds to Option B.

Laxmikanth Test: Working of the Constitution- 1 - Question 9

With reference to Gallantry Awards, evaluate the following statements:

  1. They are conferred upon an individual after the final approval of the Ministry of Defence.
  2. Civilians are not eligible for Gallantry awards.
  3. All the gallantry awards can be awarded posthumously.

Which of the statements above are correct?

Detailed Solution: Question 9

The correct answer is Option C - 3 only

Statement 1: Incorrect. The awards are conferred by the President of India; ministries (for example, the Ministry of Defence for the armed forces and the Ministry of Home Affairs for police) prepare and forward recommendations which are reviewed by the Central Honours Committee, but the final sanction and presentation are made by the President, not solely by the Ministry of Defence.

Statement 2: Incorrect. Civilians are eligible for gallantry awards; in particular, peacetime gallantry awards such as the Ashoka Chakra, Kirti Chakra, and Shaurya Chakra are open to civilians as well as members of the armed forces and police, depending on circumstances.

Statement 3: Correct. Both wartime gallantry awards (for example, the Param Vir Chakra, Maha Vir Chakra, Vir Chakra) and peacetime gallantry awards (for example, the Ashoka Chakra, Kirti Chakra, Shaurya Chakra) can be awarded posthumously.

Therefore, only Statement 3 is correct.

Laxmikanth Test: Working of the Constitution- 1 - Question 10

With reference to the Census Act of 1948, consider the following statements:

1. It is obligatory on the part of every citizen to answer the Census question truthfully, and he/she is penalised for giving false information.

2. All information collected under the Census is confidential and is not shared with any agency - Government or private.

3. The 1948 Census did not include information on the languages spoken in India.

How many of the above statements is/are correct?

Detailed Solution: Question 10

Correct Option - A

The correct answer is Option A - Only one

Statement 1 is correct because the Census Act, 1948 requires persons to provide information to census officials and treats wilful refusal or the furnishing of false particulars as an offence punishable by a penalty.

Statement 2 is incorrect: the Act guarantees the confidentiality of individual census returns and prohibits disclosure of particulars that can identify a person, but it does not mean that every piece of collected information is withheld from all agencies; aggregate statistics and anonymised data are published and used by government organs for planning and administration.

Statement 3 is incorrect because the reference to a "1948 census" is misplaced: the Census Act, 1948 provided the legal framework, and the first census conducted under the Act took place in 1951; moreover, censuses have historically collected language-related data as part of population schedules.

Therefore, only one statement is correct; the correct option corresponds to Only one.

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