QUESTIONS
1. The ‘doctrine of harmonious construction’ is primarily used to resolve conflicts between:
A. Fundamental Rights and the Preamble
B. Two or more entries in the Union List
C. Fundamental Rights and Directive Principles
D. Two provisions of the Constitution that appear to be in conflict
B. Two or more entries in the Union List
C. Fundamental Rights and Directive Principles
D. Two provisions of the Constitution that appear to be in conflict
Correct Answer: D
Explanation: Harmonious construction is a method of interpretation to reconcile two provisions of a statute or Constitution that seem to contradict each other.
Explanation: Harmonious construction is a method of interpretation to reconcile two provisions of a statute or Constitution that seem to contradict each other.
2. The judgment in S.R. Bommai v. Union of India significantly dealt with which of the following constitutional principles?
A. Secularism as a basic structure
B. Federal supremacy of Parliament
C. Right to constitutional remedies
D. Uniform civil code
B. Federal supremacy of Parliament
C. Right to constitutional remedies
D. Uniform civil code
Correct Answer: A
Explanation: The Court held that secularism is part of the basic structure and misused Article 356 should be subject to judicial review.
Explanation: The Court held that secularism is part of the basic structure and misused Article 356 should be subject to judicial review.
3. The constitutional position of the Governor in a parliamentary system has been clarified in which of the following cases?
A. Kesavananda Bharati v. State of Kerala
B. S.R. Bommai v. Union of India
C. Nabam Rebia v. Deputy Speaker
D. Minerva Mills v. Union of India
B. S.R. Bommai v. Union of India
C. Nabam Rebia v. Deputy Speaker
D. Minerva Mills v. Union of India
Correct Answer: C
Explanation: Nabam Rebia clarified the Governor’s discretionary powers and reaffirmed that they are subject to constitutional limits.
Explanation: Nabam Rebia clarified the Governor’s discretionary powers and reaffirmed that they are subject to constitutional limits.
4. The doctrine of eclipse applies to:
A. Constitutional amendments only
B. Pre-constitutional laws inconsistent with Fundamental Rights
C. Post-constitutional laws violating Directive Principles
D. State legislation affecting judicial independence
B. Pre-constitutional laws inconsistent with Fundamental Rights
C. Post-constitutional laws violating Directive Principles
D. State legislation affecting judicial independence
Correct Answer: B
Explanation: Under the doctrine of eclipse, pre-constitutional laws inconsistent with Fundamental Rights become dormant but not void, and can revive if the inconsistency is removed.
Explanation: Under the doctrine of eclipse, pre-constitutional laws inconsistent with Fundamental Rights become dormant but not void, and can revive if the inconsistency is removed.
5. In which of the following does the Supreme Court enjoy original jurisdiction under Article 131?
A. Disputes between States and individuals
B. Interpretation of the Constitution
C. Enforcement of Fundamental Rights
D. Disputes between the Government of India and one or more States
B. Interpretation of the Constitution
C. Enforcement of Fundamental Rights
D. Disputes between the Government of India and one or more States
Correct Answer: D
Explanation: Article 131 grants the Supreme Court exclusive original jurisdiction in disputes between the Centre and one or more States or between States inter se.
Explanation: Article 131 grants the Supreme Court exclusive original jurisdiction in disputes between the Centre and one or more States or between States inter se.
6. The term ‘procedure established by law’ in Article 21 was interpreted to include substantive due process in:
A. A.K. Gopalan v. State of Madras
B. Maneka Gandhi v. Union of India
C. Golaknath v. State of Punjab
D. Indira Nehru Gandhi v. Raj Narain
B. Maneka Gandhi v. Union of India
C. Golaknath v. State of Punjab
D. Indira Nehru Gandhi v. Raj Narain
Correct Answer: B
Explanation: Maneka Gandhi expanded Article 21, holding that the procedure must be just, fair, and reasonable, incorporating elements of substantive due process.
Explanation: Maneka Gandhi expanded Article 21, holding that the procedure must be just, fair, and reasonable, incorporating elements of substantive due process.
7. The doctrine of ‘double jeopardy’ under Article 20(2) prohibits:
A. Multiple FIRs for the same incident
B. Multiple civil suits arising from one cause
C. Prosecution and punishment for the same offence more than once
D. Investigation by two different agencies
B. Multiple civil suits arising from one cause
C. Prosecution and punishment for the same offence more than once
D. Investigation by two different agencies
Correct Answer: C
Explanation: Article 20(2) ensures that no person shall be prosecuted and punished for the same offence more than once.
Explanation: Article 20(2) ensures that no person shall be prosecuted and punished for the same offence more than once.
8. Under the Indian Constitution, the power to declare an emergency under Article 352 is subject to:
A. Judicial review and prior parliamentary approval
B. Satisfaction of the Prime Minister
C. Satisfaction of the President, subject to judicial review
D. Governor’s recommendation
B. Satisfaction of the Prime Minister
C. Satisfaction of the President, subject to judicial review
D. Governor’s recommendation
Correct Answer: C
Explanation: Though the President declares the emergency under Article 352 based on Cabinet advice, the action is subject to judicial review for mala fides or irrationality.
Explanation: Though the President declares the emergency under Article 352 based on Cabinet advice, the action is subject to judicial review for mala fides or irrationality.
9. The enforceability of Fundamental Rights against private individuals has been recognized in:
A. R. C. Cooper v. Union of India
B. Vishaka v. State of Rajasthan
C. Puttaswamy v. Union of India
D. Shreya Singhal v. Union of India
B. Vishaka v. State of Rajasthan
C. Puttaswamy v. Union of India
D. Shreya Singhal v. Union of India
Correct Answer: B
Explanation: Vishaka laid down guidelines enforceable against private employers, recognizing horizontal application of certain Fundamental Rights (e.g., Article 21).
Explanation: Vishaka laid down guidelines enforceable against private employers, recognizing horizontal application of certain Fundamental Rights (e.g., Article 21).
10. Which of the following statements best reflects the significance of the Preamble post-Kesavananda Bharati judgment?
A. It is merely a source of inspiration with no legal effect
B. It is not part of the Constitution
C. It can be used to interpret ambiguous provisions and reflects the basic structure
D. It is binding as an independent source of rights
B. It is not part of the Constitution
C. It can be used to interpret ambiguous provisions and reflects the basic structure
D. It is binding as an independent source of rights
Correct Answer: C
Explanation: The Supreme Court held in Kesavananda Bharati that the Preamble is part of the Constitution and may guide interpretation of ambiguous constitutional provisions.
Explanation: The Supreme Court held in Kesavananda Bharati that the Preamble is part of the Constitution and may guide interpretation of ambiguous constitutional provisions.
Read More: Writ Jurisdiction of Supreme Court
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Ruchika Mohapatra
Contributing author
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