Mcqs Of The Day

Q1. ‘Preamble is the identity card of the constitution.’ This famous saying is by-  

a) K.C. Where

b) G.V. Austin

c) Prof Upendra Baxi

d) N.A. Palkhiwala 

Answer- d) N.A. Palkhiwala

Explanation -

N.A. Palkhiwala termed preamble as the identity card of the constitution.  He was an eminent jurist and the constitutional expert who was revered as India’s top authority on constitutional law and government finance

Q2. What does Article 13 of the constitution provide for? 

a) Abolish of titles

b) State

c) Laws inconsistent with or in derogation of the fundamental rights

d) Equality before law

 Answer - c) Laws inconsistent with or in derogation of the fundamental rights

Explanation -

Article 13 provides laws inconsistent with or in derogation of the fundamental rights or laws in force in the territory of India immediately before the commencement of the constitution in so far as there inconsistent with the provisions of this part shall to the extent of such inconsistency be void.

Q3. Who exercises the administrative and operational control of the armed forces?

a) Ministry of Defence

b) The President

c) Cabinet committee on political affairs with Prime minister as the Chairman

d) Three chiefs of the Army, Navy and Air force staff 

Answer- a) Ministry of Defence

Explanation 

The Ministry of Defence (MoD) is charged with coordinating and supervising all agencies and functions of the government relating directly to public security and the Indian Armed forces. The President of India is the ceremonial commander- in- chief of the fortified forces of the country. The Ministry of Defence provides policy frame and coffers to the armed forces to discharge the responsibility in the context of the defence of the country.

Q4. Legal maxim of ‘autrefois’ is related to which of the following?

a) Double Jeopardy

b) Self Incrimination

c) Retrospective Operation

d) Ex Post Facto Law

Answer- a) Double Jeopardy

Explanation -

‘Autrefois Acquit’ and ‘Autrefois Convict’ are French terms which means ‘previously acquitted’ and ‘previously convicted’ respectively. This rule refers to- a person cannot be tried for the same offence of same conduct again, if previously that person has been either convicted or acquitted.

Q5. Sovereignty lies in whom as per the constitution of India?

a) Parliament

b) All the people

c) President of India

d) All of the above 

Answer - b) All the people

Explanation:

The preamble of the constitution of India declares India as “Sovereign, Socialist, Secular, Democratic, Republic.”

Sovereignty implies that India is free and has the authority to conduct its own affairs and governance. In India the Supreme power is possessed by the people of the country. The people of the nation elect the representatives to govern them, the parliament derives its sovereignty from the people of the nation.

Q6. Right to electricity is a ‘right to life’ was held by Hon’ble Calcutta High Court in which of the following cases?

a) Mohan Lal v Rajasthan electricity board

b) A K Gopalan v state of Madras

c) M.K. Acharya v CMD, WB, SE. Distribution Co.Ltd.

d) Maneka Gandhi v union of India

Answer- c) M.K. Acharya v CMD, WB, SE. Distribution Co.Ltd.

Explanation:

In the case of M.K. Acharya v. CMD, WB, SE Distribution Co Ltd, the Calcutta High court held that the Right to electricity comes under Article 21 of personal liberty as it is not possible to survive without electricity in the modern area.

This case shows the extent of the life and personal liberty given in Article 21, since Maneka Gandhi vs Union of India. And the high courts and Supreme Court have openly interpreted Article 21 and explained the rights of citizen in detail.

Q7. What is the minimum age limit prescribed for a person to become the judge of the supreme court?

a) 25 years

b) 35 years

c) 42 years

d) none of the above 

Answer -d) none of the above

Explanation- 

No minimum age limit is prescribed for a person to become the judge of the supreme court as no such provision is provided under the Constitution of India. However, a judge of the Supreme Court serves until they reach the age of 65 years, setting a bar for maximum age.

Q8. The essential elements of basic structure of constitution of India are contained in which of the following?

a) Article 14 

b) Article 32

c) Preamble

d) Article 21 

Answer- c) Preamble

Explanation:

The essential elements of basic structure of the constitution are contained under the preamble as held under the case of Nanda Bharti case Grover, JJ held that the preamble to the constitution contains clue to the fundamentals of the constitution.

Hegde and Mukherjia, JJ held that the broad contours of the basic elements and the fundamental features of the constitution are delineated in the preamble and the parliament has no power to abolish or emasculate those basic elements of fundamental features.

Q9. From which country’s constitution, the idea of preamble in the Indian Constitution has been borrowed from?

a) Italian constitution

b) French constitution

c) American constitution

d) Canadian constitution

Answer - c) American constitution

Explanation:

The concept of preamble was borrowed from the American constitution.

Republic, ideals of liberty, equality & fraternity was borrowed from French constitution. The residuary power of centre, federation with strong centre, appointment of governor advisory jurisdiction of the supreme court was borrowed from Canadian constitution.

Q10. The ultra vires nature of Carry Forward rule was held in which case?

a) Devadasan v. Union of India

b) B.N. Tiwari v Union of India

c) Balajiv v state of Mysore

d) State of Kerala v N.M. Thomas

Answer- a) Devadasan v. Union of India

Explanation: 

In Devadasan v. Union of India, also known as carry forward rule case, the scope of Article 16(4) was contemplated. In this case the petitioner a Central Secretariate Assistant level IV was competent for the next unit officer grade. The U.P.S.C. in 1961, organized a competitive examination for the position of Assistant Superintendent to fill 45 vacancies, out of which 29 vacancies were reserved for SCs and STs and the subsequent vacancies remained open.

The carry forward rule, which states that an addition to the existing reserves i.e. unfilled vacancies for reserved category candidates are to be extended to the next year, thereby increasing the quantum or reserves in the next year by the amount that is actually unfulfilled. It ended in 64.4% of vacancies that were to be filled with scheduled caste and tribes in the early issue recruitment in the third year.

Majority held that the “Carry Forward rule” as a result of which applicants belonging to the Scheduled Caste or Tribes could get more than 50% of the vacancies to be filed in a