Judiciary Mcqs Of The Day: Constitutional Law

Q1. According to Dr B R Ambedkar which of the following parts of the Indian constitution is a "Novel feature" of the Indian constitution?

a)    Preamble 

b)    Fundamental rights 

c)    DPSP

d)    Fundamental duties

Answer –  c) DPSP

Explanation:

A "Novel feature" of the Indian Constitution, according to Dr. B.R. Ambedkar, also known as the father of Indian Constitution, is the Directive Principles of State Policy (DPSP). The DPSPs are a set of guidelines or principles that the federal institutions in charge of the state of India are required to take into account while drafting laws and policies. In order to create a welfare state, these principles are intended to establish social and economic democracy and serve as guides for national governance.

Q2. X has been illegally detained b the police authorities. His father has been advised to file a writ petition before the high court, which writ should be prayed for such petition? 

a)    Habeas corpus

b)    Certiorari

c)    Quo warranto

d)    Mandamus

Answer- a) Habeas corpus

Explanation: The writ of habeas corpus is used to address unlawful detention. If X has been illegally detained by the police authorities, his father should file a writ petition for habeas corpus. This writ can be issued for preserving the liberty of a person who is being illegally detained. Any person not produce before a man spread within 24 hours from arrest is a violation of his fundamental right given an Article 22 protection against arrest and attention.

The person who has been illegally detained can file an application for habeas Corpus with supreme court or high court under Article 32 of the constitution 

Application for habeas corpus can also be filed by the mother, father, wife, brother, sister even friends on his behalf. If the court finds the detention to be illegal, it can order the release of the detainee.

Q3. Which constitutional amendment act reduces the voting rights from 21 years to 18 years

a)    60th CAA 

b)    61st CAA 

c)    86th CAA

d)    97th CAA

Answer- b) 61st CAA 

Explanation:

The Rajya Sabha passed the 61st Amendment Act which reduced the minimum voting age from 21 to 18 years on 20 December 1988,

The 61st Amendment Act of 1988 in India reduced the minimum voting age from 21 to 18 years. Before this amendment, only those 21 and older could vote, provided they met certain criteria like residency and mental competence. The amendment aimed to boost youth involvement in democracy. It was introduced in December 1988, passed by Parliament, and ratified by most states. President R. Venkataraman signed it into law on March 28, 1989. Since then, any eligible citizen from age 18 can vote in India.

Q4. Which of the following is known as the father of communal electorate

a)    Lord Dalhousie 

b)    Lord Minto 

c)    Lord Morley

d)    Ramsay Mac Donald

Answer- b) Lord Minto 

Explanation:

Lord Minto, the Viceroy of India from 1905 to 1910, is known as the "Father of Communal Electorate."

The introduction of communal electorates was a significant feature of the Indian Councils Act of 1909, also known as the Morley-Minto Reforms. During his time as viceroy of India, he introduced reforms in 1909 at created separate electorates for Muslims this meant Muslims could vote separately from other communities based on the religion. These reforms marked the major step and how different religious communities were represented in indian politics.

Q5- Which of the following has the power to empower any code to issue directions order and writs of all kinds

a)    President 

b)    Parliament 

c)    Supreme court 

d)    High court

Answer – c) Supreme court

Explanation:

Supreme court of India has the power to issue directions rates orders a various kinds to enforce fundamental rights and for other purposes under article 32 of the constitution of India this power is essential for protecting the rights of citizens and insurance justice where it allows any person to directly approach the supreme court if they believe that their fundamental rights have been violated. The Supreme court can issue writs such as habeas Corpus, mandamus, prohibition, quo warranto, certiorari to enforce fundamental rights or for other judicial purposes.

Q6. In which judgement supreme court ruled that fundamental rights are "sacrosanct" and parliament does not have the power to amend them

a)    Champakam dorairanjan case 1951 

b)    Golaknath case 1967 

c)    Kesav Nanda Bharati case 1973 

d)    Minerva Mills case 1980

Answer- b) Golaknath case 1967 

Explanation:

The Supreme court of India in the case of Golaknath 1967, ruled that parliament does not have the power to amend fundamental right guaranteed in part III of the constitution this case established the principle that fundamental rights are ‘sacrosanct’ and parliament cannot take away, amend or abridge. This decision was significant in shaping constitutional law in India leading to subsequent amendments to the constitution to clarify parliament power to amend fundamental rights under certain conditions.

Q7. As per granville Austin, which part of the constitution describes as "Conscience of the constitution" ?

a)    Preamble 

b)    Fundamental rights

c)    DPSP

d)    Fundamental rights and DPSP

Answer – d) Fundamental rights and DPSP

Explanation:

Granville Austin referred to both Fundamental Rights and Directive Principles of State Policy (DPSP) collectively as the "Conscience of the Constitution." 

These two components are crucial in guiding the principles of justice, liberty, equality, and fraternity as enshrined in the Indian Constitution:

DPSP which are not legally enforceable by the courts as they are non justiciable in nature are defined in Part IV of the Indian constitution (Articles 36 to 51) 

There are 6 fundamental rights in the part III of the Indian constitution-

Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Right to constitutional remedies, Cultural and education rights.

Q8. Which of the following article of the constitution is directed to established uniform civil code

a)    Article 45 

b)    Article 39

c)    Article 40

d)    Article 44

Answer- d)    Article 44

Explanation: 

Article 44 of the Indian constitution which is under directive principle of State policy part 4 States that 

“The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. The DPSP encourages the state to work towards unifying personal laws, governing various communities and religions in matters such as marriage, divorce, inheritance and adoption. The intent behind article 44 is to promote equality and justice by ensuring uniformity in civil laws irrespective of religious affiliations.

Q9.  Who said that the Indian constitution is a "lawyer's Paradise"

a)    Sir Ivor Jennings

b)    HK Maheshwari 

c)    PR Deshmukh

d)    Dr BR Ambedkar

Answer- a) Sir Ivor Jennings

Explanation:

Sir Ivor Jennings criticized the Indian Constitution a Lawyer’s Paradise because of its length, detailed provisions and the complex legal language and phraseology adopted by the constitution makers makes. It implies that the constitutions extensive nature becomes a challenge for an average citizen to easily understand it’s provision also due to its complexity and the comprehensiveness known as one of the most lengthiest and detailed constitutions in the world.

Q10.  Which one of the following fundamental rights was described by Dr BR Ambedkar as the heart and soul of the constitution.

a)    Right to equality

b)    Right to religion 

c)    Right to constitutional remedies

d)    Right of property

Answer- c) Right to constitutional remedies

Explanation: 

Right to constitutional remedies is itself as a fundamental right which is enshrined in Article 32 of the Indian Constitution. When any individual’s right is violated, he can seek remedy or approach to the supreme court. That is why Dr B R Ambedkar called this right as the heart and soul of Indian constitution.