QUESTIONS
1. The doctrine of ‘severability’ under Article 13 allows:
A. Entire legislation to be declared unconstitutional if any part is invalid
B. Only fundamental rights to be amended
C. Striking down only the unconstitutional portion if it can be separated
D. Suspension of rights during emergency
B. Only fundamental rights to be amended
C. Striking down only the unconstitutional portion if it can be separated
D. Suspension of rights during emergency
Correct Answer: C
Explanation: The severability doctrine permits courts to strike down only the offending provisions of a statute if they can be separated from the valid ones (as held in R.M.D. Chamarbaugwalla v. Union of India).
Explanation: The severability doctrine permits courts to strike down only the offending provisions of a statute if they can be separated from the valid ones (as held in R.M.D. Chamarbaugwalla v. Union of India).
2. The concept of ‘transformative constitutionalism’ primarily emphasizes:
A. Maintaining the original intent of the framers
B. Limiting judicial activism
C. Using constitutional interpretation to achieve social justice and progressive change
D. Restricting rights to textual limits
B. Limiting judicial activism
C. Using constitutional interpretation to achieve social justice and progressive change
D. Restricting rights to textual limits
Correct Answer: C
Explanation: Transformative constitutionalism seeks to achieve progressive social change through constitutional interpretation, often invoked in LGBTQ+ rights, gender equality, and privacy jurisprudence.
Explanation: Transformative constitutionalism seeks to achieve progressive social change through constitutional interpretation, often invoked in LGBTQ+ rights, gender equality, and privacy jurisprudence.
3. Which of the following is most accurate regarding the Ninth Schedule post-I.R. Coelho v. State of Tamil Nadu?
A. All laws in the Ninth Schedule are immune from judicial review
B. No law in the Ninth Schedule can be challenged under any circumstance
C. Laws inserted after 24 April 1973 can be reviewed for violating basic structure
D. Ninth Schedule laws cannot violate Fundamental Rights under any circumstance
B. No law in the Ninth Schedule can be challenged under any circumstance
C. Laws inserted after 24 April 1973 can be reviewed for violating basic structure
D. Ninth Schedule laws cannot violate Fundamental Rights under any circumstance
Correct Answer: C
Explanation: I.R. Coelho held that laws inserted after Kesavananda Bharati (24 April 1973) into the Ninth Schedule are subject to judicial review for violating basic structure.
Explanation: I.R. Coelho held that laws inserted after Kesavananda Bharati (24 April 1973) into the Ninth Schedule are subject to judicial review for violating basic structure.
4. The principle of ‘constitutional morality’ has been invoked by the Supreme Court in which of the following contexts?
A. To justify constitutional amendments
B. To uphold majoritarian views in a democracy
C. To interpret Fundamental Rights in alignment with constitutional values
D. To assess economic policies
B. To uphold majoritarian views in a democracy
C. To interpret Fundamental Rights in alignment with constitutional values
D. To assess economic policies
Correct Answer: C
Explanation: Constitutional morality requires adherence to constitutional values like liberty, equality, and justice, even in the face of popular sentiment (Navtej Johar v. Union of India).
Explanation: Constitutional morality requires adherence to constitutional values like liberty, equality, and justice, even in the face of popular sentiment (Navtej Johar v. Union of India).
5. The classification under Article 14 must be based on:
A. Age and religion of individuals
B. Abstract notions of fairness
C. Intelligible differentia and rational nexus to the object sought to be achieved
D. Executive satisfaction
B. Abstract notions of fairness
C. Intelligible differentia and rational nexus to the object sought to be achieved
D. Executive satisfaction
Correct Answer: C
Explanation: As held in State of West Bengal v. Anwar Ali Sarkar and other cases, a classification is valid under Article 14 if it is based on intelligible differentia and has a rational nexus with the object of the law.
Explanation: As held in State of West Bengal v. Anwar Ali Sarkar and other cases, a classification is valid under Article 14 if it is based on intelligible differentia and has a rational nexus with the object of the law.
6. Which provision implicitly reflects the idea of separation of powers in the Indian Constitution?
A. Article 14
B. Article 50
C. Article 356
D. Article 19(1)(a)
B. Article 50
C. Article 356
D. Article 19(1)(a)
Correct Answer: B
Explanation: Article 50 (Directive Principle) explicitly provides for the separation of judiciary from the executive in the public services of the State.
Explanation: Article 50 (Directive Principle) explicitly provides for the separation of judiciary from the executive in the public services of the State.
7. The right to privacy was declared a fundamental right under Article 21 in:
A. M.P. Sharma v. Satish Chandra
B. Kharak Singh v. State of U.P.
C. K.S. Puttaswamy v. Union of India
D. Shreya Singhal v. Union of India
B. Kharak Singh v. State of U.P.
C. K.S. Puttaswamy v. Union of India
D. Shreya Singhal v. Union of India
Correct Answer: C
Explanation: In Puttaswamy (2017), a nine-judge bench unanimously held that the right to privacy is a fundamental right under Article 21.
Explanation: In Puttaswamy (2017), a nine-judge bench unanimously held that the right to privacy is a fundamental right under Article 21.
8. The doctrine of proportionality is not just a test for reasonableness but includes:
A. Whether the law was passed by Parliament
B. Whether the means adopted impair rights minimally and are necessary to achieve the objective
C. Whether the executive acted within its policy domain
D. Whether the Constitution provides express limitation
B. Whether the means adopted impair rights minimally and are necessary to achieve the objective
C. Whether the executive acted within its policy domain
D. Whether the Constitution provides express limitation
Correct Answer: B
Explanation: Proportionality assesses whether the state’s action is suitable, necessary, and the least restrictive means to achieve the intended objective (see Modern Dental College v. State of M.P.).
Explanation: Proportionality assesses whether the state’s action is suitable, necessary, and the least restrictive means to achieve the intended objective (see Modern Dental College v. State of M.P.).
9. Judicial review of ordinances issued by the President or Governor has been upheld in:
A. R.C. Cooper v. Union of India
B. A.K. Roy v. Union of India
C. D.C. Wadhwa v. State of Bihar
D. Minerva Mills v. Union of India
B. A.K. Roy v. Union of India
C. D.C. Wadhwa v. State of Bihar
D. Minerva Mills v. Union of India
Correct Answer: C
Explanation: D.C. Wadhwa held that re-promulgation of ordinances without legislative intent is unconstitutional and subject to judicial review.
Explanation: D.C. Wadhwa held that re-promulgation of ordinances without legislative intent is unconstitutional and subject to judicial review.
10. The Constitution (Ninety-Second Amendment) Act, 2003 inserted:
A. Right to Education
B. Anti-defection provisions
C. Bodo, Santhali, Maithili, and Dogri into the Eighth Schedule
D. GST as a constitutional provision
B. Anti-defection provisions
C. Bodo, Santhali, Maithili, and Dogri into the Eighth Schedule
D. GST as a constitutional provision
Correct Answer: C
Explanation: The 92nd Amendment added four languages to the Eighth Schedule of the Constitution.
Explanation: The 92nd Amendment added four languages to the Eighth Schedule of the Constitution.
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Ruchika Mohapatra
Contributing author
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