Practice Paper on Constitutional Law for CLAT PG- Part II
1. Which of the following doctrines is most directly invoked to test the validity of a constitutional amendment?
A. Doctrine of Eclipse
B. Doctrine of Pith and Substance
C. Doctrine of Basic Structure
D. Doctrine of Colourable Legislation
B. Doctrine of Pith and Substance
C. Doctrine of Basic Structure
D. Doctrine of Colourable Legislation
Answer: C. Doctrine of Basic Structure
Explanation:
The Doctrine of Basic Structure, laid down in Kesavananda Bharati v. State of Kerala (1973), is used to test the constitutional validity of amendments to the Constitution. It holds that Parliament can amend the Constitution but cannot alter its “basic structure” or essential features like rule of law, separation of powers, and fundamental rights.
The Doctrine of Basic Structure, laid down in Kesavananda Bharati v. State of Kerala (1973), is used to test the constitutional validity of amendments to the Constitution. It holds that Parliament can amend the Constitution but cannot alter its “basic structure” or essential features like rule of law, separation of powers, and fundamental rights.
2. In which of the following cases was the power of judicial review under Article 13(2) most comprehensively expanded?
A. Shankari Prasad v. Union of India
B. Golaknath v. State of Punjab
C. Minerva Mills v. Union of India
D. A.K. Gopalan v. State of Madras
B. Golaknath v. State of Punjab
C. Minerva Mills v. Union of India
D. A.K. Gopalan v. State of Madras
Answer: B. Golaknath v. State of Punjab
Explanation:
In Golaknath (1967), the Supreme Court held that Parliament cannot amend Fundamental Rights using its constitutional amendment power, treating constitutional amendments as “law” under Article 13(2). Though this was later diluted in Kesavananda Bharati, it significantly expanded the concept of judicial review.
In Golaknath (1967), the Supreme Court held that Parliament cannot amend Fundamental Rights using its constitutional amendment power, treating constitutional amendments as “law” under Article 13(2). Though this was later diluted in Kesavananda Bharati, it significantly expanded the concept of judicial review.
3. Which of the following is not part of the ‘Basic Structure’ as expressly recognized in judicial decisions?
A. Judicial Review
B. Federalism
C. Directive Principles of State Policy
D. Free and Fair Elections
B. Federalism
C. Directive Principles of State Policy
D. Free and Fair Elections
Answer: C. Directive Principles of State Policy
Explanation:
While DPSPs are fundamental to governance, they are not, by themselves, considered part of the Basic Structure. However, elements like Judicial Review, Federalism, and Free and Fair Elections have been expressly recognized as essential features in cases like Indira Gandhi v. Raj Narain and Minerva Mills.
While DPSPs are fundamental to governance, they are not, by themselves, considered part of the Basic Structure. However, elements like Judicial Review, Federalism, and Free and Fair Elections have been expressly recognized as essential features in cases like Indira Gandhi v. Raj Narain and Minerva Mills.
4. Which Article empowers the Parliament to form new states or alter existing boundaries of states?
A. Article 2
B. Article 3
C. Article 4
D. Article 368
B. Article 3
C. Article 4
D. Article 368
Answer: B. Article 3
Explanation:
Article 3 provides for the formation of new states and alteration of the areas, boundaries, or names of existing states. The procedure involves recommendation from the President and consultation with the state legislature(s) concerned.
Article 3 provides for the formation of new states and alteration of the areas, boundaries, or names of existing states. The procedure involves recommendation from the President and consultation with the state legislature(s) concerned.
5. The term ‘procedure established by law’ under Article 21 was interpreted to mean ‘due process of law’ in which case?
A. A.K. Gopalan v. State of Madras
B. Maneka Gandhi v. Union of India
C. ADM Jabalpur v. Shivkant Shukla
D. Kesavananda Bharati v. State of Kerala
B. Maneka Gandhi v. Union of India
C. ADM Jabalpur v. Shivkant Shukla
D. Kesavananda Bharati v. State of Kerala
Answer: B. Maneka Gandhi v. Union of India
Explanation:
In Maneka Gandhi, the Supreme Court expanded the meaning of Article 21, holding that the “procedure established by law” must be just, fair, and reasonable, aligning it with the American concept of “due process”.
In Maneka Gandhi, the Supreme Court expanded the meaning of Article 21, holding that the “procedure established by law” must be just, fair, and reasonable, aligning it with the American concept of “due process”.
6. Which Schedule of the Constitution contains provisions related to the disqualification of MPs and MLAs on the ground of defection?
A. Fifth Schedule
B. Eighth Schedule
C. Ninth Schedule
D. Tenth Schedule
B. Eighth Schedule
C. Ninth Schedule
D. Tenth Schedule
Answer: D. Tenth Schedule
Explanation:
The Tenth Schedule, added by the 52nd Amendment Act, 1985, contains the anti-defection law, providing for disqualification of elected members on grounds of defection to maintain the integrity of the legislature.
The Tenth Schedule, added by the 52nd Amendment Act, 1985, contains the anti-defection law, providing for disqualification of elected members on grounds of defection to maintain the integrity of the legislature.
7. In which case did the Supreme Court hold that secularism is part of the Basic Structure?
A. Kesavananda Bharati v. State of Kerala
B. S. R. Bommai v. Union of India
C. Indira Gandhi v. Raj Narain
D. Maneka Gandhi v. Union of India
B. S. R. Bommai v. Union of India
C. Indira Gandhi v. Raj Narain
D. Maneka Gandhi v. Union of India
Answer: B. S. R. Bommai v. Union of India
Explanation:
In S. R. Bommai, the Court held that secularism is a basic feature of the Constitution. It emphasized that the state must maintain a principled distance from all religions and treat all faiths equally.
In S. R. Bommai, the Court held that secularism is a basic feature of the Constitution. It emphasized that the state must maintain a principled distance from all religions and treat all faiths equally.
8. Which of the following is not a ground for reasonable restriction under Article 19(2)?
A. Sovereignty and integrity of India
B. Friendly relations with foreign states
C. Public order
D. Economic equality
B. Friendly relations with foreign states
C. Public order
D. Economic equality
Answer: D. Economic equality
Explanation:
Article 19(2) permits the State to impose reasonable restrictions on the freedom of speech in the interests of public order, decency, morality, etc. Economic equality is not listed as a permissible ground.
Article 19(2) permits the State to impose reasonable restrictions on the freedom of speech in the interests of public order, decency, morality, etc. Economic equality is not listed as a permissible ground.
9. Which Constitutional Amendment removed the Right to Property from the list of Fundamental Rights?
A. 42nd Amendment
B. 44th Amendment
C. 52nd Amendment
D. 93rd Amendment
B. 44th Amendment
C. 52nd Amendment
D. 93rd Amendment
Answer: B. 44th Amendment
Explanation:
The 44th Constitutional Amendment (1978) repealed Article 31, thereby removing Right to Property from Part III of the Constitution. It was made a constitutional/legal right under Article 300A.
The 44th Constitutional Amendment (1978) repealed Article 31, thereby removing Right to Property from Part III of the Constitution. It was made a constitutional/legal right under Article 300A.
10. Which of the following correctly describes the nature of Indian federalism as per Supreme Court interpretations?
A. Confederation of States
B. Dual Federalism
C. Quasi-Federal
D. Unitary
B. Dual Federalism
C. Quasi-Federal
D. Unitary
Answer: C. Quasi-Federal
Explanation:
India is a Quasi-Federal state which is a state that is federal in form but with a strong unitary bias as interpreted in S.R. Bommai and State of West Bengal v. Union of India. The Centre has overriding powers in many areas.
India is a Quasi-Federal state which is a state that is federal in form but with a strong unitary bias as interpreted in S.R. Bommai and State of West Bengal v. Union of India. The Centre has overriding powers in many areas.
Read More: Practice Paper on Constitutional Law- Part I
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Ruchika Mohapatra
Contributing author
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