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Indian Constitution - 3

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Number of Questions: 25
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If an ordinance issued by the President is approved by the cabinet of ministers, then it will be in operation for

  1. 1 month

  2. 6 weeks

  3. 6 months

  4. 2 months


Correct Option: C
Explanation:

When the Parliament is not in session, the President can issue an ordinance to meet the urgent crisis. This has to be approved by the cabinet of ministers within six weeks from the date of reassembly of the Parliament. If approved, then it will be in operation for six months after which it has to be passed with two-third majority in the Parliament.

Which of the following freedoms is not guaranteed by the constitution?

  1. Freedom of speech and expression

  2. Freedom to form association or union

  3. Freedom to reside or settle in any part of India

  4. Freedom to assemble for peaceful protests


Correct Option: D
Explanation:

Freedom to assemble for peaceful protests is not guaranteed by the constitution.

Article 26 of the constitution deals with

  1. prohibition of traffic in human beings and forced labour

  2. freedom to manage religious affairs

  3. compulsory aquisition of property

  4. protection of interests of miniorities


Correct Option: B
Explanation:

Articles 25-28 of the constitution deal with the right to freedom of religion. Article 26 deals with right to manage religious affairs.

On which of the following basis can President's rule be imposed in any state?

  1. Maladministration

  2. Breakdown of constitutional machinery in the state

  3. No absolute majority

  4. All of the above


Correct Option: D
Explanation:

President's rule refers to Article 356 of the constitution of India and is invoked if there has been failure of the constitutional machinery in any state of India. In the event that government in a state is not able to function as per the constitution, the state comes under the direct control of the central government. Article 356 gave wide powers to the central government to assert its authority over a state if civil unrest occurred and the state government did not have the means to end the unrest.  

President of India must be qualified to become a member of

  1. Lok Sabha

  2. Rajya Sabha

  3. both Lok Sabha and Rajya Sabha

  4. Legislative Assembly of any state


Correct Option: A
Explanation:

Following are the qualifications to become the President of India:

(1) He/She must be a citizen of India. 

(2) He/She should have completed a minimum age of 35 years. 

(3) He/She should be qualified to become the member of Lok Sabha. He/She need not have the qualifications to become a member of Rajya Sabha. 

(4) He/She should not hold any office of profit under any State or Union government.

President's rule cannot be imposed in any state for more than

  1. 1 year

  2. 2 years

  3. 3 years

  4. 4 years


Correct Option: C
Explanation:

It is imposed for an initial period of six months and can last for a maximum period of three years with repeated parliamentary approval every six months.

Self Incrimination mentioned in article 20 of the constitution means

  1. parliament is prevented from making restropective laws

  2. no person shall be compelled to be a witness against himself

  3. no person shall be punished for the same crime twice

  4. no person shall be convicted for any crime without any valid proof


Correct Option: B
Explanation:

The fundamental right guaranteed under Article 20 (3) is protective umbrella against testimonial compulsion in respect of persons accused of an offence to be witness against themselves.

The parliament consists of

  1. Lok Sabha and Rajya Sabha

  2. Lok Sabha, Rajya Sabha and Attorney General

  3. Lok Sabha, Rajya Sabha and the President

  4. Lok Sabha, Rajya Sabha and the Prime Minister


Correct Option: C
Explanation:

Although the Prime Minister is also a part of the Parliament, he is included in the Lok Sabha. Hence, option (3) cannot be considered as the Parliament also includes the President.

Article 23(2) of the constitution deals with

  1. rights against exploitation

  2. protection of life and personal liberty

  3. compulsory work for public purpose

  4. none of these


Correct Option: C
Explanation:

It is important to note that only government servants are subjected to compulsory work for public purpose. This work includes election duty and census duty.

In the absence of Chief Justice of India, the newly elected President takes oath in front of

  1. Prime Minister

  2. Chief Justice of Delhi High Court

  3. Outgoing President

  4. Senior most judge of the Supreme Court


Correct Option: D
Explanation:

The newly elected President of India takes oath in the presence of the Chief Justice of India. But in his absence, the President takes oath in the presence of the seniormost judge of the Supreme Court.

Right to education was made a fundamental right under

  1. 73rd amendment 1992

  2. 74th amendment 1993

  3. 89th amendment 2003

  4. 86th amendment 2002


Correct Option: D
Explanation:

The 86th constitutional amendment, making education a fundamental right, was passed by the parliament in 2002.

How many members are elected to the Lok Sabha from Union Territories?

  1. 15

  2. 18

  3. 20

  4. 19


Correct Option: C
Explanation:

The maximum strength of the House envisaged by the constitution of India is 552 which is made up by election of up to 530 members to represent the states; up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the President of India.

What can be the maximum strength of the Lok Sabha?

  1. 538

  2. 545

  3. 552

  4. 550


Correct Option: C
Explanation:

The maximum strength of Lok Sabha is 552, and not 545. The present strength of Lok Sabha is 545, which is not its maximum strength.

The writ of quo warranto is issued by the Supreme court

  1. to produce the accused person before the court of law within 24 years

  2. to prevent any lower court from handling any cases pertaining to fundamental rights

  3. to command the public authority to perform a public duty

  4. to question the legal authority of a person to occupy public office


Correct Option: D
Explanation:

It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled.

On which of the following grounds can the President of India be impeached?

  1. When he goes against the provisions of the constitution.

  2. Corruption and favouritism

  3. When he commits crimes like murder, rape etc.

  4. All the above grounds


Correct Option: A
Explanation:

According to article 14(2) of the constitution, the President of India is not answerable to any court of law when he is holding his office. So, he cannot be convicted for any crime he commits when he is in office and cannot be impeached. The President can be impeached only when he violates the provisions of the constitution. However, the President of USA can be impeached on grounds of corruption, murder, etc.

The whip is issued by

  1. prime minister to his council of ministers so that they perform their duties properly

  2. the leader of a political party to the members of the party and thus preventing them from voting in favour of any other party

  3. Supreme Court to a lower court to stop the proceedings of a case related to fundamental rights

  4. none of these


Correct Option: B
Explanation:

Whips are a party's enforcers, who typically offer inducements and threaten party members to ensure that they vote according to the official party policy.

Who is the commander-in-chief of the armed forces?

  1. President

  2. Prime minister

  3. Army General

  4. Home Minister


Correct Option: A
Explanation:

President is the commander-in-chief of the armed forces.

Which of the following rights is available to a person arrested under ordinary law crimes?

  1. Mentioning the ground of arrest

  2. Giving an opportunity to the accused person to choose a lawyer of his own choice

  3. Once the person is arrested, he should be produced before the judicial magistrate with in 48 hours

  4. Only 1 and 2

  5. 1, 2 and 3


Correct Option: D
Explanation:

When a person is arrested under ordinary law crimes, he should be produced before the judicial magistrate within 24 hours, and not 48 hours.

How many members from the anglo indian community are nominated by the governor of a state to the legislative assembly?

  1. 1

  2. 2

  3. 3

  4. 12


Correct Option: A
Explanation:

The Legislative Assembly consists of not more than 500 members and not less than 60. President has the power to nominate 2 Anglo Indians to the Lok Sabha. Similarly, the Governor also has the power to nominate 1 member from Anglo Indian's community as he/she deems fit.

Double jeopardy mentioned in article 20 of the constitution means

  1. parliament is prohibited from making restropective laws

  2. no person shall be punished for the same offence twice

  3. no person shall be compelled to be a witness against himself

  4. no person shall be convicted for any crime without any valid proof


Correct Option: B
Explanation:

Article 20 says that no person shall be prosecuted and punished for the same offence more than once. This is called Doctrine of Double Jeopardy.  

If any person who has not contested assembly elections is made a cabinet minister, he should get elected to the assembly with in

  1. 3 months

  2. 2 months

  3. 6 months

  4. 8 months


Correct Option: C
Explanation:

If any person who has not contested assembly elections is made a cabinet minister, he should get elected to the assembly within six months.

Provisions related to Indian citizenship can be amended by

  1. 2/3rd majority of both Lok Sabha and Rajya Sabha

  2. 1/4th majority of Rajya Sabha or Lok Sabha

  3. 1/4th majority of Rajya Sabha and Lok Sabha

  4. 2/3rd majority of both Lok Sabha and Rajya Sabha ratified by half the total number of indian states


Correct Option: B
Explanation:

Provisions related to Indian citizenship can be amended by 1/4 majority of the Rajya Sabha or the Lok Sabha.

Under the extraordinary original jurisdiction, which of the following matters is dealt by the Supreme Court?

  1. Violation of fundamental rights

  2. Disputes between centre and any state or between any two states

  3. Cases related to issues threatening national security like armed rebellion, terrorist attacks, communal violence etc

  4. Disputes between any two industries


Correct Option: B
Explanation:

The Supreme Court's exclusive original jurisdiction extends to any dispute between the Government of India and one or more states, or between the Government of India and any state or states on one side and one or more states on the other, or between two or more states, if and in so far as the dispute involves any question whether of law or of fact on which the existence or extent of a legal right depends.

In case of emergency, the term of the Lok Sabha can be extended by

  1. 6 months

  2. 1 year

  3. 2 years

  4. for any period of time


Correct Option: B
Explanation:

A parliamentary resolution extends the state of emergency for up to six months and it can be extended indefinitely by further resolutions in six-monthly increments.

Which of the following fundamental rights is suspended when a financial emergency is proclaimed in India?

  1. Right against arbitary arrest and detention

  2. Right to information

  3. Right to personal liberty

  4. No fundamental right is suspended


Correct Option: D
Explanation:

Financial emergency is proclaimed when there is a threat to the credit of India. Fundamental rights are not suspended. However, salaries can be reduced and more taxes can be levied.

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