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Law and Constitution - 2 (UP Police)

Description: Law and Constitution – 2 ( UPPSC)
Number of Questions: 33
Created by:
Tags: Law and Constitution UPPSC Civil Services Politics Law Fundamental Rights Political System of India Indian Constitution IPC Fundamental Rights and Duties CrPC Geography
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Where are the headquarters of the UNO?

  1. Geneva

  2. The Hague

  3. New York

  4. Paris


Correct Option: C
Explanation:

The headquarters of the UNO are in New York.

Which among the following is/are enforceable in a court of law?

  1. Directive Principles

  2. Fundamental Rights

  3. Preamble

  4. None of the above


Correct Option: B
Explanation:

The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.

Which of the following statements is correct?

  1. Chandigarh is the capital of Haryana and a part of the state.

  2. Chandigarh is the capital of Punjab and a part of the state.

  3. Chandigarh is a Union Territory.

  4. Chandigarh is a no-man's land.


Correct Option: C
Explanation:

Chandigarh is a city and a union territory in the northern part of India that serves as the capital of the states of Punjab and Haryana.

Which one of the following is NOT an essential qualification for appointment as a Governor?

  1. He should be a citizen of India.

  2. He should be a domicile of the state to which he is being appointed.

  3. He must have completed the age of thirty-five.

  4. He must not be a member of either House of the Parliament.


Correct Option: B
Explanation:

A governor must be a citizen of India. He must be at least thirty-five (35) years old. He should not be a member of the either house of the parliament or house of the state legislature. He should not hold any other office of profit.

Who among the following has the final right to sanction the expenditure of public money in India?

  1. The President

  2. The Prime Minister

  3. The Parliament

  4. The Speaker


Correct Option: A
Explanation:

Correct Answer: The President

In whom are the powers of Judicial Review vested in India?

  1. The President

  2. The Parliament

  3. All the Courts

  4. The Supreme Court and all the High Courts


Correct Option: D
Explanation:

Judicial review has become an integral part of our constitutional system and its powers are vested in the Supreme Court and all the High Courts.

The case for local self-government rests on the premise that

  1. it makes for better administration

  2. it facilitates a non-partisan approach

  3. it is a training ground for democracy

  4. it reduces corruption


Correct Option: C
Explanation:

The case for local self-government rests on the premise that it facilitates a training ground for democracy. The Constitutional (73rd Amendment) Act, passed in 1992 by the Narasimha Rao government, came into force on April 24, 1993. It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level".

Democracy is considered better than the old feudal system because

  1. it is more efficient and economic

  2. it is more expressive of the people's will

  3. it ensures more equality among the people

  4. it better protects the interests of the state


Correct Option: B
Explanation:

Feudalism was a combination of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries. However, democracy involves people and lets them express freely. Thus, democracy is considered better than feudalism.

Which of the following agencies of public opinion serves better the interest of the rural masses in comparison to the urban ones?

  1. Radio

  2. Cinema

  3. Newspaper

  4. Television


Correct Option: A
Explanation:

In India, where literacy remains a substantial barrier to development, radio, especially community radio, can reach a large number of poor people in rural areas because it is affordable and uses little electricity.

The main hindrance to national integration in India is

  1. the language policy of the government.

  2. the non-functioning of the National Integration Council.

  3. the formation of linguistic states.

  4. the absence of strong national consciousness.


Correct Option: D
Explanation:

The absence of strong national consciousness is the main hindrance to national integration in India. While making conscious efforts towards the goals of democracy and socialism, the Indian national state has not been free of communal clashes. 

The President of India does not appoint

  1. the Prime Minister

  2. the Chief Election Commissioner

  3. the Chief Minister in a State

  4. the Chief Justice of India


Correct Option: C
Explanation:

The Chief Minister is appointed by the governor. Art. 164 of the Constitution provides that there shall be a Council of Ministers with the Chief Minister at its hand to aid and advise the governor. 

The President of India enjoys

  1. Financial Powers

  2. Emergency Powers

  3. Military Powers

  4. All of the above


Correct Option: D
Explanation:

The President of India is a formal head of the state of India and the Prime Minister and the Council of Ministers. The President enjoys legislative, executive, judiciary and emergency powers. He is not appointed by anyone, rather he is elected indirectly.

Which of the following is not the legislative power of the President?

  1. No bill passed by the two Houses of the Parliament can become law without his assent.

  2. No money bill can be introduced in the Parliament without his previous consent.

  3. No law of a municipal board can be enforced without his assent.

  4. He can dissolve the Parliament.


Correct Option: C
Explanation:

Enforcing law of a municipal board is not the legislative power of the President, but the houses of parliament.

According to the Indian Constitution, the money bills can be introduced in

  1. the Lok Sabha only

  2. the Rajya Sabha only

  3. the joint sessions of Rajya Sabha and Lok Sabha only

  4. the Council of the Ministers


Correct Option: A
Explanation:

Money Bills can be introduced only in Lok Sabha (the directly elected 'people's house' of the Indian Parliament). Money Bills passed by the Lok Sabha are sent to the Rajya Sabha (the upper house of parliament, elected by the state and territorial legislatures or appointed by the president).

The reason why India adopted the policy of non-alignment is that it

  1. wanted to seek help from external power blocs

  2. did not want to join any power bloc

  3. wanted to build up a third bloc

  4. wanted to build up its military strength


Correct Option: B
Explanation:

India adopted the policy of non-alignment as it did not want to join any power bloc. Nehru saw an India which was no longer dependent on any external power; the impact of colonialism was fresh in the mind. He did not wish India to be tied into one camp or the other. 

Which of the following immunities is not enjoyed by the President of India?

  1. All the central government orders are issued in the name of the President but he cannot be held responsible personally for any such acts in any court.

  2. He cannot be impeached during his term of office.

  3. He cannot be arrested or imprisoned under the order of any court during his term of office.

  4. No civil proceeding in which relief is claimed against the President shall be instituted during his term of office.


Correct Option: B
Explanation:

A resolution to impeach the President has to be passed by a two-third majority of the total number of members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend oneself through an authorised counsel. If the second house also approves the charges made by special majority again, the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands passed.

Article 39A of the Constitution of India deals with

  1. Free Legal Aid

  2. Free and Compulsory Education

  3. Free Housing to the Poor

  4. Free Medical Aid to the Citizen


Correct Option: A
Explanation:

Article 39A of the Constitution of India deals with equal justice and free legal aid.

Which Article of the Indian Constitution is related to doctrine of self incrimination?

  1. Article 20(1)

  2. Article 22

  3. Article 20(3)

  4. Article 20(2)


Correct Option: C
Explanation:

Self-incrimination is the act of exposing oneself (generally, by making a statement) "to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution or the danger thereof. It is related to the article 20(3) of Indian constitution. 

Which section of IPC deals with fraudulent use of false instrument for weighing?

  1. Sec 262

  2. Sec 263

  3. Sec 264

  4. Sec 264A


Correct Option: C
Explanation:

Sec 264 of IPC states the fraudulent use of false instrument for weighing.

All proceedings in the Supreme Court and in every High Court shall be in which language?

  1. Hindi

  2. English

  3. Language of the Bill/Case

  4. Regional Language of the State


Correct Option: B
Explanation:

All proceedings in the Supreme Court and in every High Court shall be in English language.

Which of the following parts of the Indian Constitution is associated with Citizenship?

  1. Part-I

  2. Part-II

  3. Part-III

  4. Part-IV


Correct Option: B
Explanation:

The assembly created and destroyed many drafts regarding the citizenship and even the final draft was amended for more than 100 times before it was finally incorporated in the Constitution as Part II.

A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. A shall be called as________.

  1. harbouring offender

  2. capital offender

  3. legal offender

  4. circumstantial offender


Correct Option: A
Explanation:

Section 212 of IPC: Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, is called harbouring an offender.

Criminal Amendment Act, 2013 came into force on

  1. 26th Jan, 2013

  2. 3rd Feb, 2013

  3. 10th Feb, 2013

  4. 23rd Feb, 2013


Correct Option: B
Explanation:

The Criminal Law (Amendment) Bill, 2013, more popularly called the Anti-Rape Bill, is now a law. The Act came into force on 3rd February, 2013.

Which part of sec 354 of IPC deals with stalking?

  1. Sec 354A

  2. Sec 354B

  3. Sec 354C

  4. Sec 354D


Correct Option: D
Explanation:

Section 354D of the Indian Penal Code states that any man who —

follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors a woman by the use of the internet, email or any other form of electronic communication, commits the offence of stalking.

Provision of imposing the President's rule in case of failure of Constitutional machinery in the states is provided under 

  1. Article 353

  2. Article 360

  3. Article 352

  4. Article 356


Correct Option: D
Explanation:

In the Republic of India, the phrase "President's rule" refers to the imposition of Article 356 of the Constitution of India on a State whose constitutional machinery has failed. In the event that a State government is not able to function as per the Constitution, the State comes under the direct control of the central government; in other words, it is "under President's rule".

One who threatens to injure a person's reputation or property commits an offence that is called______.

  1. criminal trespass

  2. criminal intimidation

  3. criminal consequence

  4. criminal wrongdoing


Correct Option: B
Explanation:

Defined under sec 503 of IPC - Whoever threatens another with any injury to his reputation or property, or to the reputation of anyone in whom that person is interested, with intent to cause alarm to that person, is said to commit criminal intimidation.

The minimum gap permissible between two sessions of Parliament is

  1. 4 months

  2. 6 months

  3. 100 days

  4. 90 days


Correct Option: D
Explanation:

The minimum gap permissible between two sessions of Parliament is 90 days and the maximum gap pemissible is 6 months. 

Sexual harassment is punishable u/s _______ of IPC.

  1. 354A

  2. 354B

  3. 354C

  4. 354D


Correct Option: A
Explanation:

Sec 354A of IPC deals with sexual harassment.

Act done by a child under the age of ___ years is not an offence.

  1. 10 

  2. 12 


Correct Option: B
Explanation:

Section 82 in the Indian Penal Code: Nothing is an offence which is done by a child under seven years of age.

Which of the following methods is/are adopted for the election of the President of India?

  1. Direct

  2. Indirect

  3. Proportional representation

  4. Both (1) and (2)


Correct Option: B
Explanation:

Whenever the office becomes vacant, the new President is chosen by an electoral college consisting of the elected members of both houses of Parliament (M.P.s), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (M.L.A.s) of two Union Territories (i.e. National Capital Territory (NCT) of Delhi and Union Territory of Puducherry). The election process of President is a more extensive process than that of Prime Minister who is also elected indirectly (not elected by people directly) by the Lok Sabha members only.

Sessions Judge shall be appointed by_____.

  1. High Court

  2. Supreme Court

  3. State Government

  4. Central Government


Correct Option: A
Explanation:

Section 9 of the Criminal Procedure Code: The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

Which of the following Articles describes India as a Union of States?

  1. Article 4

  2. Article 1

  3. Article 3

  4. Article 2


Correct Option: B
Explanation:

Article 1 in the Constitution states that India, that is Bharat, shall be a Union of States. The territory of India shall consist of: The territories of the states, The Union territories, and Any territory that may be acquired.

The Council of States (Rajya Sabha) was first constituted in the year

  1. 1950

  2. 1952

  3. 1951

  4. 1947


Correct Option: B
Explanation:

The Rajya Sabha was first constituted on 3 April, 1952, on the basis of the seats assigned to various States as shown in the then Fourth Schedule to the Constitution. It consisted of 216 members — 12 nominated by the President and the remaining 204 elected to represent States.

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