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Constitutional Law (Judicial Services)

Description: Constitutional Law
Number of Questions: 20
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Tags: Constitutional Law Judicial Services Law Constitution Indian Constitution
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Prevention of cruelty to animals comes under

  1. Union List

  2. Concurrent List

  3. State List

  4. None of the above


Correct Option: B
Explanation:

Prevention of cruelty to animals comes under Concurrent List.

On those subjects which are not covered by any of the three Lists, the power to legislate belongs to

  1. the Union Parliament

  2. the State Legislatures

  3. both on the Union Parliament and State Legislatures

  4. None of the above


Correct Option: C
Explanation:

The subjects that are not mentioned in any of the three lists are known as Residuary Subjects. Subject to the provisions of the constitution, the power to legislate on these, rests with parliament or state legislative assembly as the case may be per Article 245.

When the court declares certain provisions of the Act invalid, it does not affect the validity of the Act and it remains the same. The principle is known as

  1. doctrine of prospective over ruling

  2. doctrine of severability

  3. doctrine of pleasure

  4. doctrine of eclipse


Correct Option: B
Explanation:

Doctrine of severability or separability states that when a part of the statute/act is declared unconstitutional, then the unconstitutional part is to be removed and the remaining valid portion will continue to valid.

Members of Legislative Bodies enjoy privilege of exemption from arrest or detention in prison

  1. only under civil process and during the continuance of a joint sitting/meeting/conference or joint committee of Houses of Parliament or Houses of State Legislature as the case may be and during 40 days before and after such sitting/meeting/conference

  2. under civil as well as criminal process and as all times save with the permission of the Speaker of the Chairperson as the case may be

  3. under civil as well as criminal process but only when the House is in session

  4. do not enjoy any exemption


Correct Option: C
Explanation:

Members of Legislative Bodies enjoy privilege of exemption from arrest or detention in prison under civil as well as criminal process, but only when the House is in session.

Which of the following bills shall be introduced only in the House of the People?

  1. Ordinary Bill

  2. Money Bill

  3. Constitution (Amendment) Bill

  4. All of the above


Correct Option: B
Explanation:

A money bill shall be first introduced in the House of the People ( Lok Sabha). A Money Bill, after having been passed by the Lok Sabha and sent to Rajya Sabha for its recommendations, has to be returned to Lok Sabha by the Rajya Sabha within a period of fourteen days from the date of its receipt with or without recommendations.

Question Hour in the Parliament refers to

  1. the last hour of the sitting

  2. the first hour of the sitting

  3. the lunch hour after the sitting

  4. the second hour of the sitting


Correct Option: B
Explanation:

Generally, the first hour of a sitting of Lok Sabha is devoted to auestions and that hour is called the Question Hour. It has a special significance in the proceedings of Parliament.

Which of the following Amendments of the Constitution made it mandatory for the President to accept the advice given by Council of Ministers?

  1. 39th Amendment

  2. 42nd Amendment

  3. 49th Amendment

  4. 44th Amendment


Correct Option: B
Explanation:

Before the 42nd amendment, Article 74(1) stated that, "there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions". However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment of the Constitution of India (1976) made it explicit that the President shall, "act in accordance with such advice".

The powers of the President of India are

  1. supra-constitutional

  2. beyond the constitution

  3. in accordance with the Parliament of India

  4. in accordance with the constitution of India


Correct Option: D
Explanation:

All the actions, recommendations and supervisory powers of the President over the executive and legislative entities of India shall be used in accordance to uphold the constitution. 

Which of the following statements is incorrect?

  1. The President shall appoint a qualified person as a judge of High Court.

  2. The Attorney General gives advice to the government of India upon legal matters.

  3. The Attorney General shall have the right of audience in all courts in the territory of India.

  4. The Attorney General shall hold the office during the pleasure of the President.


Correct Option: A
Explanation:

The Attorney General of India is the Indian government's chief legal advisor and its primary lawyer in the Supreme Court of India. He is appointed by the President of India under Article 76 (1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a judge of Supreme Court.

Which of the following statements is wrong?

  1. The executive power of the Union of India is vested in the President.

  2. The President of India is selected by the elected and the nominated members of both the Houses of Parliament and the Legislative Assemblies of the states.

  3. The President of India shall not withstanding the expiration of his term continue to hold office until his successor enters upon his office.

  4. The President of India shall hold office for a term of five years from the date on which he enters upon his office.


Correct Option: B
Explanation:

The President of India is selected by the elected and the nominated members of both the Houses of Parliament and the Legislative Assemblies of the states. 

Who may appoint ad hoc judges in Supreme Court?

  1. The Chief Justice of India with previous consent of the President

  2. The President of India with previous consent of the Chief Justice of India

  3. The Chief Justice of India without consent of the President

  4. None of the above


Correct Option: A
Explanation:

If at any time there should not be a quorum of the judges in Supreme Court to hold or continue any session of the court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of High Court concerned request in writing the attendance at the sittings of the Court as an ad hoc Judge for such period as may be necessary of a judge of a High Court duly qualified for appointment as a judge of the Supreme Court to be designated by the Chief Justice of India.

Whenever the Constitution requires the satisfaction of the President for the exercise of any power or function by him, it means

  1. the satisfaction of the Members of Parliament

  2. the satisfaction of the Prime Minister

  3. the personal satisfaction of the President

  4. the satisfaction of Council of Ministers


Correct Option: D
Explanation:

The satisfaction of Council of Ministers means the satisfaction of the President for the exercise of any power or function. 

The retirement age of a High Court Judge

  1. is the same as the retirement age of a District judge

  2. is the same as the retirement age of a Supreme Court judge

  3. is lower than the retirement age of a District judge

  4. is lower than the retirement age of a Supreme Court judge


Correct Option: D
Explanation:

 The retirement age of a High Court judge is 62 years and the retirement age of a Supreme Court judge is 65 years.

Which of the following statements is not correct?

  1. Judgement of a High Court is not binding on other High Courts.

  2. Judgement of a High Court is binding on all the courts within its jurisdiction.

  3. Judgement of the same bench is of the co-equal strength.

  4. Judgement of the double bench is binding on single bench.


Correct Option: C
Explanation:

Judgement of a same Bench are not of the co-equal strength. The analysis of English and Indian Law clearly leads to the irresistible conclusion that not only the judgment of a larger strength is binding on a judgment of smaller strength but the judgment of a co-equal strength is also binding on a bench of judges of co-equal strength. 

The proposals for amendment of Constitution can be initiated by

  1. the people alone

  2. the State Legislature

  3. State Legislatures as well as the Parliament

  4. Parliament alone


Correct Option: D
Explanation:

An amendment of constitution may be initiated only by the introduc­tion of a Bill for the purpose in either house of Parliament.

Which provisions of the Constitution of India are applicable to both the High Courts and Supreme Court?

  1. those relating to appointment of judges

  2. those relating to removal of judges

  3. those relating to salary of judges

  4. those relating to right to practice


Correct Option: B
Explanation:

Both the High Courts and Supreme Court have the powers for the removal of judges.

Besides its permanent seat in Delhi, Supreme Court can also meet at

  1. any other union territory

  2. any other place as decided by the Chief Justice with the approval of the President

  3. any other major city

  4. any other metropolitan city


Correct Option: B
Explanation:

The Supreme Court shall sit in Delhi or at such other place or places, as decided by Chief Justice of India with the approval of the President.

High Court of a state is under the direct supervision of

  1. Governor

  2. President

  3. Parliament

  4. Supreme Court


Correct Option: D
Explanation:

 High Courts are parts of the Indian judiciary and function under the supervision, guidance and control of Supreme Court.

While a proclamation of emergency is in operation, the state government

  1. cannot legistate

  2. can legislate only on subjects in Concurrent List

  3. can legislate on the subject in State List

  4. is suspended


Correct Option: C
Explanation:

While a proclamation of emergency is in operation, the state government can legislate on the 66 subjects mentioned in State List.

An amendment of Constitution of India for the purpose of creating a new state in the country must be passed by

  1. a simple majority of the Parliament

  2. a simple majority of the Parliament and the ratification by not less than half of the states

  3. the 2/3rd majority in the Parliament and the ratification by not less than 2/3rd majority of the states

  4. the 2/3rd majority of the members of both the Houses of the Parliament present and voting


Correct Option: A
Explanation:

An amendment of Constitution of India for the purpose of creating a new state in India must be passed by a simple majority of the Parliament.

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