Constitutional Law & Indian Polity: Judiciary Prelims PYQs

Correct answer: A. Justice, liberty, equality and fraternity

The Preamble expressly names justice, liberty, equality and fraternity.

Correct answer: C. Socialist and secular

The Constitution (Forty-second Amendment) Act, 1976, added the words socialist and secular to the Preamble.

Correct answer: D. 26 November 1949

The Constitution was adopted on 26 November 1949; most provisions came into effect on 26 January 1950.

Correct answer: D. Australia

The Concurrent List in the Seventh Schedule drew upon the Australian constitutional distribution of powers.

Correct answer: D. The people

The Preamble begins with “We, the People of India”, recognising popular sovereignty.

Correct answer: A. By introducing a Bill in either House of Parliament

An Article 368 amendment Bill may originate in either House of Parliament and not in a State legislature.

Correct answer: B. Article 9

Article 9 addresses the effect of voluntarily acquiring citizenship of a foreign State; ordinary citizenship changes are also governed by legislation.

Correct answer: A. Workplace sexual harassment of women

Vishaka established interim safeguards against workplace sexual harassment, relying on constitutional guarantees of equality and dignity.

Correct answer: A. Legal recognition of same-sex marriage

The 2023 case concerned recognition of same-sex marriages. Section 377 decriminalisation had been addressed in Navtej Singh Johar (2018).

Correct answer: C. Right to live and settle anywhere in the world

Article 19(1)(e) protects residing and settling in any part of India for citizens, not unrestricted residence worldwide.

Correct answer: D. Right to stand for election to Parliament

The right to contest elections is statutory and constitutionally regulated; it is not itself a Part III Fundamental Right.

Correct answer: D. None of these

Article 22(2) requires production within 24 hours, excluding necessary travel time. Special constitutional exceptions apply.

Correct answer: D. Anuradha Bhasin v Union of India

In Anuradha Bhasin v Union of India (2020), the Supreme Court addressed Article 19 protections for internet-based expression and trade.

Correct answer: D. Aadhaar biometric identification

K S Puttaswamy (Privacy-9J) v Union of India (2017) arose in litigation concerning Aadhaar and declared privacy a Fundamental Right.

Correct answer: B. Article 14

Article 14’s guarantee against arbitrariness informs the review of administrative decisions.

Correct answer: C. Freedom to practise any trade or profession under Article 19

Article 19(1)(g) belongs to citizens, whereas Article 14 and Article 21 protect persons more generally.

Correct answer: A. Habeas corpus

Habeas corpus protects personal liberty. The principle is specially qualified for successive habeas petitions.

Correct answer: C. Quo warranto

Quo warranto challenges authority to hold a public office. Certiorari and prohibition address adjudicatory authorities.

Correct answer: D. All three duties

These are distinct Fundamental Duties under Article 51A(i), (f) and (d).

Correct answer: C. 11

Ten duties were originally inserted in 1976. The Eighty-sixth Amendment added clause (k), giving eleven.

Correct answer: C. Article 39A

Article 39A is a Directive Principle concerning equal justice and free legal aid.

Correct answer: C. Article 44

Article 44 is the Directive Principle concerning a Uniform Civil Code.

Correct answer: D. In both DPSPs and Fundamental Duties

Article 48A is a Directive Principle; Article 51A(g) is the corresponding citizen’s Fundamental Duty.

Correct answer: B. I, II, III, IV and V

The 42nd Amendment originally inserted ten duties. The eleventh came later under the 86th Amendment.

Correct answer: C. Article 48

Article 48 concerns agriculture and animal husbandry, including this direction.

Correct answer: A. 35 years

Article 58(1)(b) requires a person to have completed 35 years of age.

Correct answer: A. Shamsher Singh v State of Punjab

Shamsher Singh v State of Punjab (1974) clarified the constitutional position of the nominal executive and ministerial advice.

Correct answer: C. Remain valid

Article 71(2) preserves acts done by a President before the election is declared void.

Correct answer: C. I and III only

Articles 72 and 161 allow relevant commutations. A Governor may commute a death sentence, although the Article 72 power to pardon a death sentence belongs to the President.

Correct answer: A. President and both Houses of Parliament

Article 79 establishes Parliament as the President plus the Council of States and House of the People.

Correct answer: C. Legislative privileges

The Special Reference No. 1 of 1964 examined legislative privilege and the judiciary’s powers.

Correct answer: A. 61st Constitutional Amendment Act, 1988

The 61st Amendment revised Article 326 to reduce the voting age from 21 to 18.

Correct answer: D. Speaker of the Lok Sabha

Article 110(3) makes the Speaker’s decision final under the constitutional text, though constitutional judicial review is not completely excluded.

Correct answer: A. H J Kania

Justice Harilal Jekisundas Kania was the first Chief Justice of India.

Correct answer: A. Following judicial precedent

Stare decisis refers to adherence to precedents, promoting consistency in adjudication.

Correct answer: B. Article 223

Article 223 enables appointment of an acting Chief Justice when the office is vacant or the Chief Justice cannot perform duties.

Correct answer: A. Sir Elijah Impey

Sir Elijah Impey became first Chief Justice of the Supreme Court of Judicature at Fort William (1774).

Correct answer: A. President of India

Under Article 217(3), the President decides such questions after consulting the Chief Justice of India.

Correct answer: B. 13

The thirteen-judge bench decided Kesavananda Bharati and formulated the basic structure limitation on the amendment power.

Correct answer: C. Supreme Court acting on a President’s reference

Article 143 empowers the President to refer questions to the Supreme Court for its opinion.

Correct answer: B. Judicial review by the High Courts and Supreme Court as part of basic structure

Judicial review by High Courts under Articles 226/227 and by the Supreme Court under Article 32 forms part of the basic structure.

Correct answer: D. Article 131

Article 131 confers exclusive original jurisdiction over specified federal disputes.

Correct answer: B. Marbury v Madison (1803)

Marbury v Madison (1803) is the leading US case on judicial review. The reproduced paper contains an apparent typographical error in the year.

Correct answer: D. S R Bommai v Union of India

S R Bommai v Union of India (1994) treated secularism as a core feature of the constitutional structure.

Correct answer: B. Original jurisdiction

Article 131 establishes the Supreme Court’s original jurisdiction over specified federal disputes.

Correct answer: E. None of these

Article 143 establishes an advisory jurisdiction, absent from the four listed categories.

Correct answer: A. Anil Kumar Jain v Maya Jain

Anil Kumar Jain v Maya Jain (2009) discussed Article 142 powers. Later Constitution Bench guidance in Shilpa Sailesh v Varun Sreenivasan (2023) addresses irretrievable breakdown.

Correct answer: D. Two Union Territories: Jammu and Kashmir, and Ladakh

The Jammu and Kashmir Reorganisation Act, 2019, created the Union Territories of Jammu and Kashmir and Ladakh.

Correct answer: B. A Union Territory having a Legislative Assembly

Delhi remains a Union Territory with special legislative and executive arrangements under Article 239AA.

Correct answer: C. 28 States and 8 Union Territories

At the time of the 2022 examination, India had 28 States and 8 Union Territories.

Correct answer: C. Article 289

Article 289 concerns the Union’s taxation of property and income of a State.

Correct answer: A. Concurrent List

Entry 2 in List III of the Seventh Schedule concerns criminal procedure.

Correct answer: D. Freedom of trade and commerce

The nine-judge bench interpreted the freedom of trade, commerce and intercourse under Part XIII.

Correct answer: D. Solicitor General of India

Articles 148, 76 and 324 respectively establish the first three. Solicitor General is not a constitutional office.

Correct answer: A. Article 320

Article 320 sets out duties of Union and State Public Service Commissions.

Correct answer: C. Deputy Prime Minister

The Constitution provides for the other deputy presiding officers, but not for a Deputy Prime Minister.

Correct answer: C. Attorney General can vote in Parliament merely by holding the office

Article 88 gives the Attorney General participation and speaking rights but expressly denies voting rights in Parliament.

Correct answer: C. Planning Commission

The Planning Commission was created by executive resolution and later replaced by NITI Aayog, unlike the other constitutional bodies.

Correct answer: C. Article 311

Article 311 prescribes safeguards for certain civil servants against dismissal, removal and reduction in rank.

Correct answer: D. Never

No financial emergency has been proclaimed in India under Article 360.

Correct answer: C. 22

The Eighth Schedule currently lists 22 languages.

Correct answer: B. Rajasthani

Dogri, Sindhi and Manipuri are scheduled languages. Rajasthani is not presently in the Eighth Schedule.

Correct answer: E. None of these

All four languages form part of the Eighth Schedule.