Constitutional Law of India Q. What is the nature of Indian Constitution? On what grounds is its spirit of federalism challenged? Mention its important features. Typically, democratic constitutions are classified into two categories - Unitary and Federal. In a unitary constitution, all the powers are concentrated in a central authority. The states or the constituents of the country are subordinate to such central authority. In a federal constitution, powers are distributed among the center and the states. States are not subordinates of the center. According to Prof. Wheare, the constitutions of USA, Australia, and Switzerland are prime examples of a federal constitution. Dr. Ambedkar has categorically said in Constituent Assembly discussions that notwithstanding certain provisions that centralize the powers, Indian Constitution is essentially federal. Prof. Wheare and some other academicians, however, are hesitant in calling it a federal constitution and prefer to term it as "quasi-federal" or "federal with strong centralizing tendency". Though, it should be noted that even prof. Wheare accepts the existence of certain provisions in the American constitution, such as dependence of Senate on States, that are contrary to federal character. However, he says that while the principles of federalism should be rigid, the terminology of "federal constitution" should be wide. A constitution should be called federal if it displays federal character predominantly. The following are the defining features of federalism. 1. Distribution of Powers between center and states. 2. Supremacy of the Constitution. 3. Written Constitution. 4. Rigidity of the Constitution. 5. Independent Judiciary. All the above characteristics are present in the Indian Constitution. However, there are certain provisions that affect its federal character. 1. Appointment of the Governor of a State Art 155 and 156 provide that the Governor, who is the constitutional head of a State, is to be appointed by the President and stays only until the pleasure of the President. Further, that the Governor can send the laws made by the state for assent from the President, who can veto the law. It should be noted that Governor is only a ceremonial held and he works on the advice of council of ministers. In past 50 yrs, there has been only one case (re Kerala Education Bill), where amendments to a state law were asked by the center and that too after the opinion of the Supreme Court. Thus, it does not tarnish the federal character and states are quite free from outside control. 2. Power of the parliament to make laws on subjects in the State list. Under art 249, center is empowered to make laws on subjects in the state list. On the face of it, it looks a direct assault on the power of the states. However, this power is not unlimited. It is exercised only on the matters of national importance and that too if the Rajya Sabha agrees with 2/3 majority. It should be noted that Rajya Sabha is nothing but the representative of the states. So an approval by Rajya Sabha means that States themselves are giving the power to the center to make law on that subject. 3. Power to form new states and to change existing boundaries Under Art 3, center can change the boundaries of existing states and can carve out new states. This should be seen in the perspective of the historical situation at the time of independence. At that time there were
no independent states. There were only provinces that were formed by the British based on administrative convenience. At that time States were artificially created and a provision to alter the boundaries and to create new states was kept so that appropriate changes could be made as per requirement. It should be noted that British India did not have states similar to the States in the USA. 4. Emergency Provisions Center has the power to take complete control of the State in the following 3 situations : 1. An act of foreign aggression or internal armed rebellion (Art 352) 2. Failure of constitutional machinery in a state (art 356) 3. Financial Emergency (art 360) In all the above cases, an elected state government can lose control of the state and a central rule can be established. In the first case, it is very clear that such a provision is not only justified but necessary to protect the existence of a state. A state cannot be left alone to defend itself from outside aggression. In the third case also, it is justified because a financial emergency could cause severe stress among the population, plunge the country into chaos and jeopardize the existence of the whole country. Such provisions exist even in USA. The second provision is most controversial. It gives the center the power to take over the control of a state. However, such an action can be taken only upon the advice of the governor and such an advice is not beyond the purview of the Supreme Court. In a recent case, Supreme court ruled that the imposition of Presidential rule in the state of Bihar was unconstitutional. Thus, it can be safely said that Indian Constitution is primarily federal in nature even though it has unique features that enable it to assume unitary features upon the time of need. Features of Indian Constitution Constitution was written by a committee headed by Dr Ambedkar. Took 2 yrs, 11 mos, 18 days. Adopted on 26th Nov (celebrated as Law Day), enforced fully on 26th Jan. 1. Longest written constitution - 447 articles, 26 parts, 12 schedules. Original US constitution had 7 articles and Australia had 128. 2. Establishment of sovereign, socialist, secular, democratic, republic. 3. Parliamentary form of govt. 4. Unique blend of Federal and Unitary features 1. Independent and supreme Judiciary - Keshavand Bharati vs State of Kerala & L Chandra Kumar vs Union of India 2. Advisory Jurisdiction of SC - Art 143 - Does not exist in US constitution. 3. Rigidity and flexibility 4. Emergency Provisions 5. Single Citizenship 6. Single Electorate / Adult Suffrage 5. Positive Secularism - St. Xavier's College vs State of Gujarat , S R Bommai vs Union of India, Aruna Rai vs Union of India
6. Indian Socialism - Combination of Marxist and Gandhian ideology. Right to work is absent. 7. Economic Democracy 8. Other features 1. Fundamental rights - J Bhagvati in Menaka Gandhi vs Union of India 2. Directive Principles - Unnikrishnan vs State of AP - Directive Principles are as good as fundamental rights. 3. Fundamental Duties Q. What do you understand by fundamental rights? Discuss with respect to Indian Constitution. The general concept of fundamental rights The rights that are basic to the advancement of the human race are called Fundamental Rights. All other rights are derived from these rights as direct implications or application of their principles. It is an accepted belief among the philosophers that these rights are nothing but "natural human rights", which distinguish between humans and animals and which have been so instrumental in bringing humans from the stone age to the present age. Among all, the right to life and liberty is considered to be the most basic. The history of legally enforceable fundamental rights probably starts from Magna Carta, which was a list of rights extracted from Kind John by the people of England in 1214 AD. This was followed by the "Bill of Rights" in 1689 in which Englishmen were given certain civil and political rights that could not be taken away. Later on the French compiled the "Declaration of the rights of Man and of the Citizen" after the French Revolution in 1789. The most important advancement in history of fundamental rights occurred when the USA incorporated certain fundamental rights in the form on "Bill of Rights" in their constitution by the way of first 10 amendments. These rights were deemed to be beyond the vagaries of politics. The protection by the constitution meant that these rights could not be put to vote and were not dependent on the whims of politicians or of the majority. After this, nearly all democracies of the world have given a constitutional sanctity to certain inalienable rights available to their citizens. Need for Fundamental Rights 1. Rule of Law These rights are a protection to the citizens against the govt and are necessary for having the rule of law and not of a a govt or a person. Since explicitly given by the constitution to the people, these rights dare not be transgressed by the authority. The govt. is fully answerable to the courts and is fully required to uphold these rights. 2. First fruits of the freedom struggle After living in subjugation for such a long time, people had forgotten what is meant by freedom. These rights give people hope and belief that there is no stopping to their growth. They are free from the whims of the rulers. In that sense, they are first fruits of the lengthy freedom struggle and bring a sense of satisfaction and fulfillment. 3. Quantification of Freedom Even citizens in gulf countries or communist countries are free. Then how is our freedom different from
theirs? The list of fundamental rights is a clear measurement for how free we really are. As an example, every Indian citizen in free to practice a religion of his choice, but that is not so in the gulf countries. Our right to speech and expression allows us to freely criticize the govt. but this is not so in China. Fundamental Rights in India Technically speaking, the rights specified in Part III (Art 12 to 35) of the constitution are the fundamental rights available to the citizens of India. In the case of Menaka Gandhi vs Union of India AIR 1978, J. Bhagvati has said that these rights represent the values that are cherished by the people of this country since the vedic ages and are calculated to protect the dignity of individual and to create conditions in which every human being is able to develop his personality to the fullest. These rights are necessary for a human being for attaining full social, intellectual, and spiritual status. These rights can be grouped into 6 categories 1. Articles 14-18 Right to Equality Art. 14 ensures that all citizens are treated equally. It enshrines the principle of "Equality before law and Equal protection of law". However, this brings us to an important question. Should people living in unequal circumstance be treated equally? In Indian Constitution, the answer is a resounding no. We have adopted the mantra of "equal treatment under equal circumstances". This is reflected in Art 15, which, while prohibits the state from discriminating between the citizens only on the grounds of Caste, Race, Religion, Sex, and Place of Birth or all of them[ Art 15(1) ], also allows the state to make special provisions for Women and Children [Art 15(3)] and for Backward classes [Art 15(4)]. Art. 16 takes the same principle further to employment in govt. jobs. Art. 17 abolishes untouchability and Art. 18 abolishes various titles such as Rai Bahadur that used to be given in the British rule. The cases of Lindsley v Natural Carbonic Gas Co, US SC 1910 and Chiranjit Lal v Union of India SC AIR 1951 are important cases that illustrate the concept of equal protection of the laws. In these cases, the SC of both the countries held that all persons similarly circumstanced should be treated equally. Only like should be treated alike and thus a reasonable classification can be done. Several cases such as Randhir Singh vs Union of India 1982 (Equal pay for equal work) illustrate the principle of equality. The SC judgment in Indra Sawhney vs Union of India AIR 1993 incorporates the element of fairness in dealing with inequalities in the society, while balancing the aspirations of the socially forward classes. 2. Artticles 19-22 Right to Freedom A citizen of India is given freedom of Speech and Expression, freedom of Assembly, freedom of Association, freedom of Movement, freedom of Residence, and Freedom of Profession and Occupation through Art. 19. Art. 20 gives protection with respect to conviction of offenses. This includes the principles of
ex-post facto law : A person can only be with charged with an offence of an action if the said action was illegal as per the law of the time when the action was committed. double jeopardy: A person cannot be charged with the same crime if he has already been produced before the court and a verdict has been pronounced. self incrimination: A person will not be forced to testify against himself.
Art. 21, which is the most important and diverse of all the rights to freedom, is the Protection of Life and Personal Liberty. SC in Menaka Gandhi v Union of India AIR 1978 was a landmark case that gave wide interpretation of this right. In this case the SC held that his right is not only about having any
kind of life but a life of dignity. The freedom is not just physical but mental as well as spiritual. This encompasses several rights such as right to travel abroad ( Satvant Singh v Ass. Passport Office AIR 1967) and right to pollution free water and air ( Subhash Kumar vs State of Bihar AIR 1991) . Further, Constitution Amendment Act 86, 2002 makes free and compulsory education to children under 14 a fundamental right. Art. 22 gives protection from illegal arrest or detention. It provides that a person must be informed of the grounds of arrest as soon as possible, be allowed to speak to a lawyer of his choice, and be produced before a magistrate within 24 hrs of detention. 3. Art 23-24 Right Against Exploitation Under Art. 23, the govt. has banned trade in human beings. This includes flesh trade and forced work or work without pay (begar system). Art. 24 prohibits children from being employed in factories and hazardous conditions. 4. Art 25-28 Freedom of Religion Unlike several countries of the world, we are free to practice, profess, and propagate any religion under Art. 25. Art. 26 allows us to establish and maintain institutions for religious and charitable purposes. It also gives the right to manage our own religious matters. Art. 27 provides tax benefits for promotion of religion and art. 28 prohibits religious teaching in govt and govt aided schools. 5. Art 29-30 Cultural and Educational Rights Art. 29 allows any section of citizens living anywhere in India who have a distinct language, script, or culture, to preserve the same. Art. 30 allows minorities to establish and maintain educational institutions. To prevent discrimination, however, art 29(2) prohibits them from discrimination in admissions only on the grounds of religion, race, caste, language, or any of them. 6. Art 32 Right to Constitutional Remedies Dr. Ambedkar, the chief architect of our constitution, has said that Article 32 is the soul of our constitution. All the talk of rights is useless if there is no recourse against their transgression. Under this article, a citizen is free to go to the Supreme Court for violation of his rights. Scope of Fundamental Rights Widest Possible Interpretation SC in A K Gopalan vs State of Madras AIR 1950 had held that the various rights given under part III talk about different things and are not be interlinked. This view, however, has been rightly rejected by the SC in Menaka Gandhi vs. Union of India AIR 1978 case. In this case, J Bhagvati said that the role of SC should be to interpret these rights in the widest possible manner and it should not attenuate these rights by being confined to their narrow definition. All these rights are not mutually exclusive and form an integrated theme of the constitution. J Beg said that their waters must mix to form a grand flow of unimpeded and impartial justice. Thus, any law that takes away the life or liberty of a person, must also satisfy the test of reasonableness under art. 14. Natural Justice and Due Process In Menaka Gandhi's case, SC has held that any law that takes away the life or liberty of a person under
art. 21, must be just, fair, and reasonable. It must satisfy the principle of natural justice, which is a basic component of fair procedure under Art. 21. While Art 21 does not contain the "due process" clause of the American Constitution, the effect is the same because natural justice is a distillate of due process i.e. natural justices can only be delivered through due process. Expanding the role of writ of Habeas Corpus The case of Sunil Batra vs Delhi Admin AIR 1980 has given tremendous power to the writ of Habeas Corpus. It allows the judiciary to even enforce the fundamental rights in a prison. Even prisoners are humans and must be treated with dignity. They cannot be stripped off of their fundamental rights, thus menial or forced work without pay, solitary confinement, degrading punishment, is not allowed. This case has also allowed people who are not directly involved but have any kind of interest to approach the court. The objective is to remove injustice wherever it is found in the society.
Absoluteness of Fundamental Rights "Your freedom ends where my freedom starts" is a well known saying. The constitution gives you the right to propagate your religion. But does that mean you should force me to hear religious activities over the loudspeaker? The constitution gives you the freedom of speech and expression. But does that mean you can publish and sell pornography freely in open market? These things clearly tell us that no right is absolute. Indian Constitution also takes the same stand and specifies the limits of these rights. These rights extend only until they do not affect security of the state, public order, and social decency. The constitution allows reasonable restrictions to be placed on these rights. SC in A K Gopalan vs State of Madras 1950 has also held that Fundamental Rights are not absolute. Suspension of Fundamental Rights Under art 358, freedoms given under art 19 are suspended when the president proclaims emergency. Further, under art 359, president may suspend the right to move courts for violation of rights given in part III except art 20 and 21. Critical Analysis Indian Constitution was written after a through analysis of existing constitution of the world. The framers of the constitution have incorporated the good things from all the places. As such it is more fair and consistent than religious books. It is for the foresight of the framers of the constitution that the country is integrated and has progressed. While the framers had thought about a lot of things, the one thing that they probably missed was the safeguards against the degrading morality of politicians. Q. What do you understand by freedom of speech and expression? What restrictions can be applied on it? Freedom of speech and expression is the most basic of all freedoms granted to the citizens of India. J Patanjali Shastri has said in the case of Romesh Thaper vs State of Madras AIR 1950 SC that freedom of speech and that of the press lay at the foundation of a democratic society, for without free political discussions, no public education is possible, which is so important for the proper functioning of the govt. It allows us to freely express our ideas and thoughts through any medium such as print, visual, and voice. One can use any communication medium of visual representation such as signs, pictures, or movies.
Freedom of speech would amount to nothing if it were not possible to propagate the ideas. Th us, the freedom of publication is also covered under freedom of speech. Freedom of speech serves 4 purposes
allows an individual to attain self fulfillment. assists in the discovery of truth.
it strengthens the capacity of a person to make decisions.
it facilitates a balance between stability and social change.
This right is not only about communicating your ideas to others but also about being able to publish and propagate other people's views as well. Thus, freedom of speech and expression is linked to the people's right to know. Freedom of speech and expression is a broad term and encompasses several things. The following are important cases that have determined the extent of this right from time to time. Right to Know Prabhu Datt vs Union of India SC AIR 1982 : SC held that right to know news and information about the functioning of the govt. is included in the freedom of press. Union of India vs Association for Democratic Reforms SC AIR 2002 : SC held that people have right to know about the candidate before voting. Thus, the law preventing the Election Commission from asking for a candidates wealth, assets, liabilities, education and other such information, is invalid. Right to tell and propagate LIC vs Manubhai D Shah SC AIR 1992 : In this case, Manubhai wrote an article in LIC's magazie about the problems with LIC that affected policy holders. LIC published a response to that but did not give a chance to public a rejoinder. SC held that LIC being a State as per Art 12, must publish his response. It also held that it does not mean every body has a right to publish in a magazine and this right should be determined on a case by case basis. Secretary, Ministary of I & B vs Cricket Association of Bengal SC AIR 1995 : In this historic judgment, SC has held that one has the right to publicize his expression as well. A game of cricket is an expression and the organizers have a right to propagate it every where in the world. So Doordarshan must provide its uplinking facilities to CAB for transmitting the signals out of country. Art 19 (2) does not allow restrictions on 19 (1) (a) on the grounds of creating monopoly of the govt. Tata Press Ltd. vs MTNL SCC 1995 SC: In this case, SC held that commercial advertisement is protected under freedom of speech. Restrictions on Freedom of Speech and Expression Every human desires to do many things. However, in a civil society such desires must be curbed to certain extent in respect of similar desires of other human beings. Thus, no right is an absolute right. Art 19 (2) says that nothing in Art 19 (1) (a) shall affect the operation of any law or prevent the state from making any law, in so far as such law imposes reasonable restrictions on exercise of the right conferred by the said clause in the interest of
sovereignty and integrity of the country. security of the state
friendly relations with foreign states.
public order
decency and morality
defamation
contempt of court
incitement of an offence.
In the original version of this article several grounds such as public order, friendly relations with foreign states, incitement of an offences were not there. After the historic judgement in the case of Romesh Thaper vs State of Madras SC AIR 1950, these grounds were added. In that case, Madras Govt. prevented the entry an circulation of the new paper 'Cross Roads' published by Romesh Thaper, in the state of Madras. It argued that the circulation of the paper affects public safety. However, SC held that the public safety falls outside the scope of 19 (2) and thus the govt action was invalid. This decision prompted the govt. to amend the constitution to include additional grounds as mentioned above. It is important to note that the current clause mentions the words "reasonable restrictions". Thus, any law restricting the freedom of speech and expression must satisfy the grounds mentioned in 19(2) and must also satisfy the criteria of reasonableness. Reasonable restriction means intelligent care and discussion that the restriction is not beyond what is required for public interest. It should not be arbitrary and excessive. Further, the restriction can only be imposed by law and not by executive or departmental decision. Test of reasonable restrictions Spanning several cases, SC has laid down the following guidelines : 1. It is the courts and not the legislature that will decide whether a law is reasonable or not. 2. Reasonable means that the law is not arbitrary and the restriction is not beyond what is required in public interest. The time and duration of the restriction cannot be unlimited. 3. There is no fixed standard for reasonableness. Each case must be decided on its own merits. 4. The restriction must be reasonable from substantiative as well as procedural stand point. 5. Restrictions imposed due to implementation of Directive Principles may deemed to be reasonable. 6. The test of reasonability must be objective in the sense that it does not matter what a Judge or Court thinks what is reasonable but what a normal reasonable person would think. 7. The restriction must have a relation to the object that is sought through the law and must not be excessive. 8. It is the reasonableness of the restriction that a count has to determine and not the reasonableness of the law itself. 9. Restriction may amount to prohibition.
The following are important cases that have attenuated the scope of this right. CPI (M) vs Bharat Kumar AIR 1998 SC : In this case SC has held that bundhs called by various political parties are illegal because they prevent the citizens from exercising their right to freedom. I Ranjit Udeshi vs State of Mah. AIR 1965 SC : In this case, a bookseller was prohibited from selling book containing obscene material. Hamdard Dawakhana vs Union of India AIR 1960 SC : In this case, SC held that obnoxious and fraudulent advertising is not protected under freedom of speech. Critical Analysis Freedom of speech and expression is indeed the most important of all freedoms. However, today, this right is being routinely suppressed under the guise of morality and decency or public order. Even a slight criticism of a public leader or past king causes the political parties to involve in damage of public property. Any book that talks about problems in a religion is banned in the name of public order. It is extremely unfortunate that the executive, instead of the upholding peoples' right to speech and expression by preventing unscrupulous element from hurting the author, is more interested in stifling the voice by banning their works. By doing this they are not doing their job responsibility. Q. How is the independence of the judiciary ensured? Describe the various jurisdictions of the Supreme Court of India. Explain the writ jurisdiction of a High Court. What is meant by Judicial Review? India has adopted a federal constitution with distribution of powers between center and the states. An independent judiciary is the essence of the federal character of the constitution. It is imperative that the judiciary be impartial and independent of the legislative and executive branches of the country to ensure the functioning of the government in accordance with the constitution. The supreme court, being the guardian of the constitution, ensures that the fundamental rights of the citizens are not violated. To let the judiciary fulfill this big responsibility efficiently, the constitution has provided several measures that ensure the independence of the judiciary. However, owing to the nature of Indian politics, there have been several attempts by the govt. to extend its supremacy over the judiciary and to reduce its independence. To understand the dynamics between the govt. and the judiciary, we need to look at the provisions present in the constitution. Composition of the Supreme Court Art 124 specifies that the SC will be composed of a Chief Justice and at most 7 other judges. The number of other judges has now been increased to 25. To be appointed as a judge of the supreme court, a person must be a citizen of India and a) has been a Judge of a High Court for 5 yrs . b) has been an advocate of a High Court for 10 yrs. c) in the opinion of the president, a distinguished Jurist. Appointment of the Judges The procedure of appointment of the Chief Justice and other judges has created a lot of controversy because it is the key aspect of the independence of the judiciary. Art 124 specifies that the Chief Justice is
appointed by the president after consulting with the judges of the supreme court and the high courts. Further, that while appointing other judges, the CJ must be consulted. Thus, the constitution clearly tried to prevent the executive from having complete discretionary powers in the appointment of the judges. Until 1973, the senior most judge of the supreme court was appointed as the Chief Justice. However, this convention was broken when Justice AN Ray was appointed as the CJ by passing 3 more senior judges. This was seen as a blatant assault on the independence of the judiciary. The govt. pleaded that the word "consult" does not mean that the president is bound by the advise. He is free to make his own decision. In 1977, in the case of Union of India vs Sankalchand Seth, which was related to the transfer of a Judge from one high court to another under art 222, SC held that the President has the right to differ from the advice provided by the consultants. Judges Transfer Case 1 In the case of S P Gupta vs Union of India, 1982 SC unanimously agreed with the meaning of the word 'consultation' as determined in the Sankalchand's case. It further held that the only ground on which the decision of the govt. can be challenged is that it is based on mala fide and irrelevant consideration. In doing so, it substantially reduced its own power in appointing the judges and gave control to the executive. Judges Transfer Case 2 This matter was raised again in the case of SC Advocates on Record Association vs Union of India, AIR 1982. In this case, the SC overruled the decision of the S P Gupta case and held that in the matter of appointment of judges of high courts and supreme court, the CJ should have the primacy and the appointment of the CJ should be based on seniority. It further held that the CJ must consult his two senior most judges and the recommendation must be made only if there is a consensus among them. Judges Transfer Case 3 A controversy arose again when the CJ recommended the names for appointment without consulting with other judges in 1999. The president sought advice from the SC (re Presidential Reference 1999) and a 9 member bench held that an advice given by the CJ without proper consultation with other judges is not binding on the govt. As of now, due to the decision in Judges Transfer Case 2, the appointment of the judges in SC and High Courts are fairly free from executive control. This is an important factor that ensure the independence of the judiciary. The following are other provisions that work towards the same goal: 1. Fixed Tenure A SC Judge has a fixed tenure until retirement age. He cannot be removed except by a presidential order passed with a simple majority as well as by 2/3 majority of each house of the parliament present and voting. No judge has ever been removed by a presidential order in India. The proceedings to remove were started to Justice V Ramaswamy, but the motion was not approved because lack of required majority. In the case of C Ramachandran Iyer vs A N Bhattacharjee 1995, pressure was put the the local bar association on the judge to resign. In this case, the SC held that only the Chief Justice of the SC can be the prime mover of the action against erring judges. Thus, after this case, action against judges was allowed only through in-house procedures of the judiciary. 2. Salary The salary of the judges cannot be changed after the appointment for their disadvantage.
3. Jurisdiction of the courts The jurisdiction of the SC can be increased but not decreased i.e. their power cannot be curtailed. 4. Art 121 No discussion about the judges in the parliament is permitted as per art 121 except for the discussion about his removal. 5. Art 129 and 215 Power to punish for its contempt. The SC and the High Courts have the power to punish anybody for civil and criminal contempt of itself under art 129 and 215. 6. Art 50 Separation of judiciary from executive Art 50 urges the state to take steps to separate the judiciary from the executive in the public service of the state. 7. Appointment of the judges only after consultation with legal experts. As discussed above, the executive does not have unlimited power over appointment of judges. 8. Art 124(7) Prohibition on practicing before any court Art 124 prohibits a retired judge from appearing and pleading before any court or tribunal. Jurisdictions of Supreme Court Art 129 Court of Record SC is a court of record and has all the powers including power to punish for civil or criminal contempt of court. In the case of Delhi Judicial Service Asso. vs State of Gujarat 1991, SC held that It can even punish for contempt of any subordinate court in India as well. In the aftermath of babri masjid demolition, UP CM Kalyan Singh was punished for contempt of court for failing to deliver on his promise not to allow any construction in disputed area. Art 131 Original Jurisdiction The SC has original jurisdiction in any dispute arising between: a) Center and one or more states. b) Center and one or more states on one side and one or more states on another. c.) two or more states. Under original jurisdiction, individuals cannot bring a suit again Govt. of India. The suit must involves a question of law or fact on which a legal right depends. Further, the suit cannot be because of any commercial relation or political relation between the two parties. In the case of State of Karnataka vs Union of India 1978, SC held that the suit filed by State of Karnataka against the Govt. regarding its objection to the appointment of an inquiry commission is maintainable. In the case of Union of India vs State of Rajasthan 1984, it was held that a suit to recover damages under Railway Act is not maintainable. SC's original jurisdiction is not attracted for ordinary commercial disputes. The following are some exceptions under which SC does not have jurisdiction: 1. Any treaty, covenant, sanad, agreement, or any such instrument that was executed before the commencement of the constitution, and which is still in operation or provides that the jurisdiction of SC
does not extend to such a dispute. 2. The parliament by law may restriction the jurisdiction of SC in disputes related to use, distribution, or control of the water or an interstate river or river valley. 3. Any matter referred to the Financial Commission. 4. Matters related to the adjustment of the expenses between the center and the state. Enforcement of Fundamental Rights Art 32 SC is the guardian of the constitution. It is the supreme defender of the people's fundamental rights. This position has been enforced by Art 32 that given any citizen to petition the SC if his fundamental rights are violated. The SC is empowered to give directions, orders, or writs including the writs of habeas corpus, mandamus, prohibition, and certiorari for the enforcement of the rights given in part III. L Chandra Kumar vs Union of India AIR 1997 - Power of judicial review vested in HC by art 226 and in SC by art 32 is a basic feature on the constitution and cannot be amended. Art 132 Appellate Jurisdiction - Constitutional The SC is the highest court of appeal in the country. The writs and the decrees of the SC run throughout the country. A person can appeal to the SC under its appellate jurisdiction if he is not satisfied with the decision of the lower courts. Art 132(1) allows an appeal to be filed in the SC if three conditions are satisfied: 1. The order appealed must be against the judgement of a high court in civil, criminal, or other proceedings. 2. The case involves a question of law as to the interpretation of the constitution. 3. The High Court, under 134A certifies that the case be heard by the SC. Krishnaswamy vs Governer General in Council 1947 - If there is a difference of opinion among High Courts and if there is no direct decision by SC on that point, it is a substantial question of law that can permit appeal in SC. Art 133 Appellate Jurisdiction - Civil An appeal shall lie to SC from any judgement, decree, or a final order in civil proceedings of a High Court only if the High Court certifies under 134A that 1. the case involves an substantial question of law of general importance. 2. in the opinion of the High Court, the said question needs to be decided by the SC. Madan Gopal vs State of Orrisa 1956 - The pecuniary value of a dispute is immaterial. There may be matters which cannot be measured in money but the decision could have a far reaching effect and such cases can be permitted to be appealed in SC. Art 134 Appellate Jurisdiction - Criminal An appeal shall lie to SC from any judgement, decree, or a final order in criminal proceedings of a High Court in two ways - with or without a certificate from High Court. 1. Without Certificate a) If the High Court, on appeal, has reversed an order of acquittal of an accused and sentenced him to death b) if the High Court has withdrawn a case before itself from any subordinate court and in such a case has convicted the accused and sentenced him to death. 2. With Certificate If the High Court certifies that this is a fit case for appeal to SC.
Siddheshwar Ganguly vs State of WB 1958 - In this case SC issued guidelines for issuing certificated under 134A. A mere question of fact is not enough but it must also involve a substantial question of law. Art 135 Federal Court's (the one that existed before the commencement of the constitution) jurisdiction to be exercised by the SC. Art 136 Special Leave to appeal by SC Under this article, the SC is authorized to grant, on its discretion, special leave to appeal from any judgement, decree, determination, sentence, or order, in any case or matter, passed or made by any court or tribunal in the territory of India. Ramakant Rai vs Madan Rai AIR 2004 - Private party can appeal against the acquittal even if the state govt. hasn't. SC cannot refrain from doing its duty just because a private party and not the state has appealed against the order. Pritam Singh vs State AIR 1950 -SC explained how this discretionary power is to be used - Since the power is exceptional is very wide, it must be used sparingly and in exceptional circumstances. Beyond this point it is not possible to fetter the exercise of this power by any set formula. Art 137 Power to review its judgement. Under exceptional circumstance, the SC may review its judgement. Art 139 A Under this article the SC has the power to withdraw before itself any case or cases from High Courts if it feels that these cases involves the same or similar question of law that is of general importance. Union of India vs SGPC 1986 - SC may transfer a case from one High Court to another under art 136 if it feels that the case cannot be dealt with fairly in one High Court due to exceptional circumstances. Art 143 Advisory Jurisdiction Art 143 provides that if at any time it appears to the president that a question of law or fact has arisen or is likely to arise and that the question is of such public importance that expedient opinion of the SC is required, then he may refer it to the SC. The SC, after such hearing as it may deem fit, will report back to the president. Under 143(2), the SC is can be asked to give opinion even on matters not permitted under art 131. There is no similar provision in the American constitution. In US, the court can give ruling only on concrete cases. In re Kerala Education Bill 1953, SC has interpreted the word "may" in clause 1 as it is not bound to give its opinion. If it has a good reason, it may refuse to express its opinion. In re Special Courts Bill 1979 case, SC has held that opinions given by it under this jurisdiction are binding on all courts in the country. In re Cauvery Disputes Tribunal 1992, SC declared that the ordinance passed by the State of Karnataka to not follow the order of the tribunal to release water to TN, is unconstitutional. In the landmark case of Ayodhya Dispute and Advisory opinion 1994, the SC refused to express its opinion on whether a temple existed on the disputed location because it was superfluous, unnecessary, and favors a particular religion. Art 141 Judgement of the SC is binding on all courts, except itself. In the case of Bengal Immunity Co vs State of Bihar. 1955, SC held that the principle of Stare decisis is not an inflexible rule of law and cannot be used to perpetuate errors.
Writ Jurisdiction of High Courts The constitution gives wide powers to all High Courts to ensure that injustice is not tolerated in any sphere. Art 226 provides that notwithstanding anything in article 32 every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. It is important to note that the power is not only to enforce fundamental rights but for any other purpose, which makes its powers even wider than Supreme Court. Here, any other purpose means any legal right of legal duty. In a landmark case of L Chandra Kumar vs Union of India AIR 1997, SC has held that the power of judiciary over legislative action vested in a High Court is a basic feature of the constitution and cannot be removed through constitutional amendment. Locus Standi : Who can apply In general, the person whose constitutional right or legal right has been infringed has the right to apply. However, due to judicial activism, the "doctrine of sufficient interest" has originated. According to this, any person who is even remotely affected can petition the High Court. It also allows public spirited persons to file a writ petition for any person or class if that person or class is not able to do so himself due to poverty or any other reason. In ABSK Sangh vs Union of India AIR 1991, SC held that even an unregistered trade union has right to file a petition for redressal of a common grievance. In the case of Chairman, Railway Board vs. Chandrima Das AIR 2000, SC held that an advocate of Cal. High Court has sufficient interest in making a public place like a railway station a safe place and so she has right to demand compensation for the bangladeshi woman gang raped by railway employees. Scope of Art 226 In the case of Basappa vs Naggapa, AIR 1954, SC has held that the art 226 confers wide powers to remedy injustice where ever it is found. Art 226 says, "...or writs or the kind of...", which means that it is not limited only the mentioned types of writs. It can issue orders orders of any kind that the situation may require. Thus, it makes the scope of Art 226 a lot wider than art 32. Court Martial and art 226 In a significant case (which case?), Delhi High Court held that section 18 of India Army Act is not beyond the scope of High Court. While High Court may not interfere in the sentence awarded in a court martial, such an order cannot be arbitrary and mala fide. Thus, it is open to judicial review. In the case of Union of India vs R K Sharma, AIR 2001 SC has held that court should not interfere only on compassionate grounds. Only when there is a perverseness or gross injustice on the face of it, there can be judicial review. Dispute between private parties - No Jurisdiction In Mohan Pandey vs Usha Rani Rajgaria SCC 1992, SC held that the extraordinary jurisdiction of High Court cannot be exercised in the private party disputes relating to property rights unless there is a violation of statutory rights by statutory authorities. Natural Justice Natural Justice is not exclusively the principle of administrative law. The courts are also bound by the same principle. Every administrative action must be supported by reasons. The reasons must be recorded to ensure that there is no arbitrariness.
Territorial extent of writ jurisdictions Art 226 imposes two limits on HC's writ. First, it can run only in the territorial jurisdiction of the High Court and secondly the person or authority must lie in that jurisdiction. In the case of Election Commision of India vs Venkata Rao, AIR 1975 SC held that Madras High Court cannot issue a writ to ECI because it is based in New Delhi and so is out of its jurisdiction. The law commission recommended that these are serious limitations and they defeat the very purpose of this article. So it was amended by 15th amendment in 1963. High Court can now issue a writ even to a central authority if the cause of action in whole or part arises in its jurisdiction. In the case of ONGC vs Utpal Kumar Basu SCC 1994, it was held that the averment in the petition did not disclose that a part of the cause of action arose in the jurisdiction of Calcutta and so High Court does not have any jurisdiction to entertain the writ petition. Discretionary Remedy - Not to be exercised if alternate remedy is available The remedy available in 226 is a discretionary remedy and the High Court has the discretion to accept or refuse a petition. In general, if a remedy is available elsewhere, writs under 226 are discourages. However, this does not mean that any remedy available can be a ground for not entertaining the petition under 226. The remedy must be effective and sufficient. In the case of Vellaswamy v IG Police, Madras 1982, SC held that the remedy under Police Rules of TN was not sufficient and so High Court was wrong in dismissing the petition. Effect of Laches or delay Remedy under 226 should be sought with in a reasonable time. However, High Court may accept a petition is there is a reasonable cause for delay in seeking justice. Poverty has been held to be reasonable ground. Judicial Review The concept of Judicial Review started from the case of Marbury vs Madison in 1800 in the USA. In this case, justice John Marshall held that judiciary has inherent power to review actions by legislature even if no explicit provision is given in the constitution. Indian Situation By adopting a written constitution and an independent judiciary, India has provided the rule of law instead of rule on men to the citizens. However, the rule of law will be rendered useless if the legislature is able to make laws that violate the fundamental rights of the citizen. Thus, the constitution in Art 13 has provided the judiciary with the power to review laws made by the legislature. This is called Judicial Review. Art 13 says: 1. All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. 2. The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. 3. In this article, unless the context otherwise requires,— o
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
o
“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not
previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. 4. Nothing in this article shall apply to any amendment of this Constitution made under article 368. In the case of L Chandra Kumar vs Union of India SC AIR 1997 held that the power vested in SC by art 32 and High Court by art 226 over legislative action is a basic feature. Doctrine of Severability AK Gopalan vs State of Madras SC AIR 1950 : Only section 14 of Preventive detention act is void and not the whole act. Doctrine of Eclipse Bhikaji vs State of MP SC AIR 1955: Applies to pre-constitutional law Deep Chand vs State of UP SC AIR 1959: Does not apply to post - constitutional law. State of Gujrat vs Ambika Mills SC AIR 1974 : Applies to post constitutional law for non-citizens. Dulare Lodh vs 3rd additional district judge SC AIR 1984: Applies to post constitutional law as well. Doctrine of Waiver Basheshar Nath vs Income tax commissioner SC AIR 1959 : Citizen cannot waive right. Meaning of Law Keshavanand Bharati vs State of Kerala SC AIR 1973: Rules and regulations made under legislative power and not amendments. Q. What is the procedure for amending the constitution? On what grounds an amendment may be held ultra vires by the Supreme Court? A rigid constitution is a must in a federal system of governance. In case of Indian constitution, it has been argued that it is not rigid enough. That there have been 93 amendments in last 50 years proves this fact. As a comparison, there have been only 27 amendments in the constitution of USA in the past 200 years. This has been done deliberately to ensure that the constitution can be changed as per the needs of the times. However, to prevent excessive changes on the whims of the ruling party, sufficient safeguards have been put. The procedure of amending the constitution is given in Article 368. It says that the parliament can amend the constitution under its constituent power. A bill must be presented in either house of the parliament and must be approved by a majority of each houses and not less than 2/3 majority of each house present and voting. After such approval the bill is presented to the president for his assent, upon whose assent the constitution shall stand amended as per the provisions of this article. However, if the amendment seeks to make a change in
Articles 54, 55, 73, 162, or 241 Chapter 4 of part 5, chapter 5 of chapter 6, or chapter 1 of part 11
any of the lists in the 7th schedule
representation of the states in the parliament
in this article itself
the bill must also be ratified by not less than half of the states before it is presented to the president for his assent. For amending articles 5, 169, or 239-A, only a simple majority of both the houses of the parliament is required. Power of the parliament to amend the constitution There has been a lot of controversy on the power of the parliament to amend the constitution. Article 13 of the original constitution said that the state shall not make any law that takes away or abridges the rights given to the citizens in Part III and any such law made in contravention of this article shall be deemed void to the extent of contravention. Thus, it seemed that parliament cannot amend the constitution in a way that takes away the fundamental rights of the citizens. This logic was first tested by the Supreme Court in the case of Shankari Prasad vs Union of India AIR 1951. In this case, an amendment to add art 31 A and 31 B to the constitution was challenged on the ground that they take away fundamental right of the citizens and therefore not allowed by article 13. It was argued that "State" includes parliament and "Law" includes Constitutional Amendments. However, SC rejected the arguments and held that power to amend the constitution including fundamental rights is given to the parliament by art 368 and that "Law" is art 13 refers only to ordinary law made under the legislative powers. In the case of Sajjan Singh vs State of Raj. AIR 1965, SC followed the judgement given in the case of Shankari Prasad and held that the words "amendment of the constitution" means amendment of all provisions of the constitution. However, in the case of Golak Nath vs State of Punjab, AIR 1971, SC reversed its previous judgement and held that parliament has no power from the date of this judgement to amend part III of the constitution so as to take away any fundamental right. It held that "amendment" is a law as meant under art 13 and so is limited by art 13(2). To overcome the judgement in the case of Golak Nath, the parliament added another clause in art 13by the 24th amendment in 1971 It says that this article does not apply to the amendment of the constitution done under art 368. A similar clause was added in art 368 for clarity in the same amendment, which says that amendment done under art 368 shall not come under the purview of art 13. This amendment itself was challenged in the case of Keshavanand Bharati vs State of Kerala AIR 1973. In this case, SC reversed its judgement again and held that "Law" in art 13 only means ordinary law made under legislative power, The 24th amendment is only clarifying that position and so it is valid. However, it further held that "amendment" means that the original spirit of the constitution must remain intact after the amendment. Thus, the basic structure or features of the constitution cannot be changed. According to C J Sikri, the basic structure of the constitution includes - Supremacy of the Judiciary, democratic republic, secularism, separation of powers among judiciary, legislative, and the executive, and
the federal character of the constitution. This judgement was delivered by 7:6 majority and is one of the most important judgements in the history of independent India. The effect of this judgement can be seen in the case of Indra Sawhney vs Union of India 1993, where SC prevented the politicians from running amok in the matter of reservation. It this case it held that inclusion of creamy layer violates the fundamental right of equality, which is a basic feature of the constitution and so its inclusion cannot be permitted even by constitutional amendment. Conclusion During Constituent Assembly Discussions, it was noted that rigid constitutions such as that of USA cause a lot of problems and is undesirable. Dr. Ambedkar said that flexible federation is a distinguished feature of the constitution. In the hindsight, it can be said that the safeguards to prevent the spirit of the constitution were not enough. Politicians have time and again shown that they can modify it easily to serve their vote based politics. Q. Explain the emergency provisions of the constitution. What do you understand by proclamation of Emergency? Describe various types. What are the effects of emergency on fundamental rights? What are the effects of emergency arisen out of the failure of the constitutional machinery in a state? What changes have been made by the 44th amendment regarding emergency provisions? Emergency is a unique feature of Indian Constitution that allows the center to assume wide powers so as to handle special situations. In emergency, the center can take full legislative and executive control of any state. It also allows the center to curtail or suspend freedom of the citizens. Existence of emergency is a big reason why academicians are hesitant to call Indian constitution as fully federal. Emergency can be of three types - Due to war, external aggression or armed rebellion, failure of constitutional machinery in a state, or financial emergency. However, technically, Proclamation of Emergency is only done upon external aggression or armed rebellion. In the second case, it is called Presidential Rule, and in the third case it is called "Proclamation of Financial Emergency: Proclamation of Emergency Art 352 says that if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened due to outside aggression or armed rebellion, he may make a proclamation to that effect regarding whole of India or a part thereof. However, sub clause 3 says that President can make such a proclamation only upon the written advise of the Union Cabinet. Such a proclamation must be placed before each house of the parliament and must be approved by each house with in one month otherwise the proclamation will expire. An explanation to art 352 says that it is not necessary that external aggression or armed rebellion has actually happened to proclaim emergency. It can be proclaimed even if there is a possibility of such thing happening.
In the case of Minerva Mills vs Union of India AIR 1980, SC held that there is no bar to judicial review of the validity of the proclamation of emergency issued by the president under 352(1). However, court's power is limited only to examining whether the limitations conferred by the constitution have been observed or not. It can check if the satisfaction of the president is valid or not. If the satisfaction is based on mala fide or absurd or irrelevant grounds, it is no satisfaction at all.
Prior to 44th amendment, duration of emergency was two months initially and then after approval by the houses, it would continue indefinitely until ended by another proclamation. However after 44th amendment, the period is reduced to 1 month and then 6 months after approval.
Effects of Proclamation of emergency The following are the effects arising out of proclamation of emergency in art 352. Art 353 1. executive power of the Union shall extend to giving directions to any state. 2. parliament will get power to make laws on subjects that are not in Union list. 3. if the emergency is declared only a part of the count, the powers in 1 and 2 shall extend to any other part if that is also threatened. Art 354 Provisions of art 268 to 279, which are related to taxation, can be subjected to exceptions as deem fit by the president. Every law such made shall be laid before each house of the parliament. Art 355 says that it is the duty of the Union to protect States against external aggression. Art 358 While proclamation of emergency declaring that security of India or any part of the territory of India is threatened due to war or external aggression, is in operation, the state shall not be limited by art 19. In other words, govt may make laws that transgress upon the freedoms given under art 19 during such emergency. However, such a law will cease to have effect as soon as emergency ends. Further, every such law or very executive action that transgresses upon freedoms granted by art 19 must recite that it is in relation to the emergency otherwise, it cannot be immune from art 19. It also says that any acts done or omitted to be done under this provision cannot be challenged in the courts after the end of emergency. In the case of M M Pathak vs Union of India AIR 1978, SC held that the rights rights granted by 14 to 19 are not suspended during emergency but only their operation is suspended. This means that as soon as emergency is over, rights transgressed by a law will revive and can be enforced. In this case, a settlement that was reached before emergency between LIC and its employees was rendered ineffective by a law during emergency. After emergency was over, SC held that the previous settlement will revive. This is because the emergency law only suspended the operation of the existing laws. It cannot completely wash away the liabilities that preexisted the emergency. Art 359 This article provides additional power to the president while proclamation of emergency is in operation, using which the president can, by an order, declare that the right to move any court for the enforcement of rights conferred by part III except art 20 and 21, shall be suspended for the period the proclamation is in operation of a shorter period as mentioned in the order. Further, every such law or every executive action recite that it is in relation to the emergency. In the case of Makhan Singh vs State of Punjab AIR 1964, SC distinguished between art 358 and 359 as shown below: Art 358
Art 359
Freedoms given by art 19 are suspended.
Fundamental rights are not suspended.
Any actions done or omitted to be done cannot be challenged even after emergency.
Any action done by the legislature or e
Art 19 is suspended for the period of emergency.
Right to move courts is suspended for suspension.
Effective all over the country.
May be confined to an area.
Art 83(2) While the proclamation is in operation, the president may extend the normal life of the Lok Sabha by one year each time up to a period not exceeding beyond 6 months after proclamation ceases to expire. Provisions in case of failure of constitutional machinery is States Art 356 says that if, upon the report of the Governor of a state, the president is satisfied that the govt. of the state is cannot function according to the provisions of the constitution, he may, by proclamation, assume to himself all or any of the functions of the govt, or all or any of the powers vested in the governor, or anybody or any authority in the state except the legislature of the state. The power of the legislature of the state shall be exercised by the authority of the parliament. Under this article, president can also make such incidental and consequential provisions which are necessary to give effect to the objectives of the proclamation. This includes suspension of any provision of this constitution relating to any body or authority in the state. However, this article does not authorize the president to assume the powers vested in the High Courts. Art 357 provides that in the case of proclamation under art 356
parliament can confer upon the president the power of legislature of the state to make laws or the power to delegate the power to make laws to anybody else. the parliament or the president can confer power or impose duties on the Union or Union officers or Union authorities. president can authorize the expenditure from the consolidated fund of the stat pending sanction of such expenditure by the parliament.
Important instances of invocation of Art 356 This article has been invoked over a hundred times. 1. Dissolution of 9 state assemblies in 1977 by Janata Party govt.. This was challenged in the case of State of Rajasthan vs Union of India AIR 1977. In this case, SC held that the the decision of the president is not only dependent on the report of the governor but also on other information. The decision is entirely political and rests with the executive. So it is not unconstitutional per se. However, courts can validate the satisfaction of the president that it is no mala fide. 2. Dissolution of 9 state assemblies in 1980 by Congress party govt. 3. Dissolution of BJP govt in MP, HP, and Raj. in 1992.
This was challenged in the case of SR Bommai vs Union of India AIR 1994. In this case SC held that secularism is a basic feature of the constitution and a state govt. can be dismissed on this ground. It further observed that no party can simultaneously be a religious party as well as a political party. Financial Emergency Art 360 provides that if the president is satisfied that a situation has arisen whereby the financial security of India or the credit of India or of any part of India is threatened, he may make a declaration to that effect. Under such situation, the executive and legislative powers will go to the center. This article has never been invoked. Changes made by 44th Amendment 44th amendment substantially altered the emergency provisions of the constitution to ensure that it is not abused by the executive as done by Indira Gandhi in 1975. It also restored certain changes that were done by 42nd amendment. The following are important points of this amendments
"Internal disturbance" was replaced by "armed rebellion" under art 352. The decision of proclamation of emergency must be communicated by the Cabinet in writing.
Proclamation of emergency must be by the houses within one month.
To continue emergency, it must be re approved by the houses every six month.
Emergency can be revoked by passing resolution to that effect by a simple majority of the houses present and voting. 1/10 of the members of a house can move such a resolution.
Art 358 - Under this article art 19 will be suspended only upon war or external aggression and not upon armed rebellion. Further, every such law that transgresses art 19 must recite that it is connected to art 358. All other laws can still be challenged if they violate art 19.
Art 359, under this article, suspension of the right to move courts for violation of part III will not include art 20 and 21.
Reversed back the term of Lok Sabha from 6 to 5 years.
Q1) who is a citizen? How citizenship maybe acquired through domicile? 15 marks
Ans : citizenship is a process by which the state under the constitution confers certain rights , civil and political on a person. In other words a person who enjoys full civil and political rights. There are two types of citizenship: 1) Dual: Citizenship of the federation and another citizenship of the state. : eg America. 2) Single citizenship : one citizenship for the whole country. Eg: India. Articles 5 to 8 deal with citizenship at the commencement of the constitution. Art 9 to 11 deal with modes of acquisition and loss of citizenship. How citizenship can be acquired through domicile: Citizenship by domicile ( art 5)
Domicile means s a permanent home or a place where a person resides with the intention of permanently remaining there. The following conditions have to be satisfied to acquire citizenship through domicile: 1) At the time of the commencement of the constitution he must have his domicile in theterritory of India. 2) He must fulfill any of the following conditions: a) he was born in India or b) either of his parents was born in India or c) he must have been ordinarily resident in the territory of Indiafor not less than five years immediately before the commencement of the constitution. Domicile in India is considered an essential requirement for acquiring the status of Indian citizenship. Two elements are necessary for the existence of domicile 1) domicile of a particular kind 2) An intention of a particular kind. The residence need not be continuous but it must be indefinite, not purely fleeing. The intention must be permanent intention to reside for ever in the country where the residence has been taken up. Domicile is not the same thing as residence. Mere residence in a place is not sufficient; it must be accompanied by the intention to make it his permanent home. Case laws: Mohammad raza vs state of Bombay, The appellant came to India in 1938. He went on a pilgrimage to Iraq in 1945. He was registered a foreigner and several times his stay in India was extended. In 1957 his request to extend the stay period was refused. He appealed saying he must be regarded as a citizen under article 5. But it was dismissed. The court held that though he was original resident he did not acquire Indian citizenship because he did not have a domicile in India. His application for extending his stay in India made from time to time forfeited this conclusion. The domicile of choice continues until the former domicile has been resumed or another has been acquired
Q2) Define state. Explain the tests to determine which other authorities can be included in the definition. Ans: State is defined under article 12 of the Indian constitution for the purpose of protection promotion and enforcement of fundamental rights as provided in the part III of the constitution. Under art 36 the same definition is used for DPSP unless otherwise provided under part IV. It does not apply to part XIV or other parts. The word state includes the following: 1) 2)
Union government and union legislature. State government and state legislature.
3) Local authorities and other authorities within the territory of India and under the control of the government of India. Local authority refers to local self government. It can mean municipal committee, mining settlement boards, panchayats or other authorities legally entrusted by the government to manage or control local funds. Other authorities: what all it includes. 1) Interpreted first time in shantha bai Vs University of madras. Here the question was whether the university comes under the definition of state. It was held that though Madras University was state aided it was a body corporate and does not come within the ambit of state. It was also held that only bodies exercising government or sovereign function are the test for state. But this was rejected in ujjambai vs state of UP and held that sales tax officer comes under the definition of state. 2) Statutory bodies: statutory bodies are those created by a statute and some of them are LIC ONGC IFC. In Rajasthan vs mohanlal it was held that all authorities created by statute on which power is conferred upon by law comes within meaning of state under art 12. 3) Agency/ instrumentality of the state: If a body that is an agency or instrumentality of the state and it is a body corporate registered under the companies act 1956 but it is not a statutory body it still comes within meaning of state under art 12. Case law for this is Ramanadayaram shetty vs International airport authority. The following are the tests to determine if a body is an agency or instrumentality of the state: 1) Financial resources of the state are the chief funding source. 2) Deep and pervasive state control. 3) Functional character is governmental in nature. 4) If a department is transferred from government to corporations. 5) Monopoly status is enjoyed and is conferred upon by the state or state protected. Above test are only illustrative and not exhaustive. Q3) what is double jeopardy? Explain. – 5 marks Ans: Double jeopardy means double punishment. Here it refers to being punished twice for the same offence. No person can be punished twice for the same offence. Case laws: maqbool hussain vs state of Mumbai. Here the accused was caught by the customs for bringing in gold without declaration from a foreign country. The authorities seized the gold under the sea customs act and he was also charged under the foreign exchange management act .Here the prosecution under FEMA did not amount to double jeopardy as the act done under sea customs act was not a judicial order of a court.
Q4) Indian constitution in neither unitary nor federal but is a mix of both, discuss. 15 marks.
Following are the essentials of a federal constitution:
1) 2) 3) 4) 5)
Distribution of powers. Supremacy of the constitution. A written constitution. Rigidity. Authority of courts.
Indian constitution possesses all of the above but it modifies the federal principle in the following: 1) 2) 3) 4)
Appointment of governors. Parliament’s power to legislate in national interest. Parliament’s power to form new states and alter boundaries of existing states. Emergency provisions.
Thus we can say that the above modification provide for unitary state features also, we can conclude saying Indian constitution is a mix of both. Q5) No person shall be deprived of his life or personal liberty except according to procedure established by law. Discuss with a leading case. 15 marks. Ans: The right to life and liberty is a fundamental right and includes the following: 1) 2) 3) 4) 5)
Right to privacy. Right to education. Right to clean water and air. Right to livelihood. Right to die is not a fundamental right.
All of the above are rights which cannot be taken away except under a procedure established by law. Maneka Gandhi case gives us a new dimension on this aspect. Maneka Gandhi vs union of India. The meaning and content of words personal liberty came up for consideration to the Supreme Court. In this case the SC gave the widest possible interpretation to personal liberty. Facts of the case: The petitioners passport was impounded by central government the act authorized the central government to do so if it was in the general public interest. The government of India declined to give reasons for the action in the name of public interest. The petitioner challenged this on the basis that there was no hearing given to seize the passport nor
was there any reason given by the government. However the government disclosed in affidavit that the petitioner’s presence may be needed in connection with proceedings of a commission of inquiry.
The attorney general filed a statement that the petitioner could make a representation in respect of impounding the passport that the rep would be dealt with expeditiously in accordance with law. The sc also held that the govt was not justified in withholding the reasons for impounding the passport from the petitioner. It was held that the procedure thus est. by the act for impounding a passport is in conformity with the requirement of art 21 and is not violative of that article. Following conditions have to be fulfilled before a person is deprived of his property. 1) 2) 3) 4)
There must be a valid law. There law must provide a procedure. The procedure must be just, fair and reasonable. The law must satisfy the requirement of art 14 and 17 that is it must be reasonable.
Q6) can preamble be amended under article 368? Answer with the aid of a decided case. The preamble can be amended or not under article 368 can be understood with the following landmark case. Keshavananda bharati vs state of kerala : Facts of the case : In that case attorney general argued that by virtue of amending power in article 368 even preamble can be amended. It was said that since preamble was a part of the constitution it could be amended like any other provision of the constitution. The petitioners how ever contended that the amending power in article 368 is limited. The preamble creates implied limitation on the power of amendment. The preamble contains basic elements of our constitution. Amending power cannot be used to destroy these basic features. It was argued on the basis that preamble is not part of constitution. The Supreme Court held that preamble is a part of our constitution . On the question whether preamble can be amended or not it was held that preamble is part of our constitution it can be amended subject to this condition that basic features present in preamble cannot be changed. It was held that these basic features are our edifice of our constitution and that if these features are amended the whole system will collapse. No one can suggest these words are ambiguous in any manner. The amending power cannot result in the constitution being changed in such a way that it ceases to be a sovereign democratic republic. It would only wreck the constitution. Q7) A magistrate issues an order authorizing investigating officer to take specimen handwriting and fingerprints of Mr. x an accused against his willingness. X challenges the order stating that it violates his Fundamental right under article 20(3) . Decide.
In state vs m Krishna Mohan the SC has held that taking of specimen handwriting and fingerprint from accused is not prohibited under article 20(3) as being witness against himself.
Q.1 – When was Indian Independence Act passed, by whom and on the basis of what plan? Ans. – Thee Indian Independence Act was passed by the British Parliament on 5th July in 1947. This act was passed to give effect to the Mountbatten plan creating the two independent states of India and Pakistan. Q.2- What were the options before the Indian native states in the Indian Independence Act? Ans. – The Indian Independence Act gave three options to the Indian native states—(1) to join India—(2) to join Pakistan—(3) to remain Independent. Q.3 -Who drafted the Indian Constitution? Ans. – The Indian constitution was drafted by the Drafting Committee of the ‘Constituent Assembly. Q.4 -Who was the chairman of the Constituent Assembly? Who was the Chairman of the Drafting Committee? Ans. – Dr. Rajendra Prasad was the Chairman of Constituent Assembly. Dr. B.R. Ambedkar was the Chairman of Drafting Committee. Q.5 -When was the Constitution adopted? Ans. – The constitution was adopted on 26th November 1949. Q.6 -When did the Constitution come into force? Ans. – The constitution came into force on 26th January 1950. Q.7 -According to the Preamble India is what kind of state? Ans. – According to the original preamble India is a Sovereign, Democratic Republic. By 42nd amendment of the constitution India is made also a Socialist and Secular state. Q.8 -What are the political ideals, according to the Preamble India seeks to secure? Ans. – India seeks to secure to her people: Justice: Social Economic and Political. Liberty: of thought, expression, belief, faith and worship Equality: of status and opportunity, and Fraternity, assuring the dignity of the individual and unity of the nation. Q.9 -How many Arts, are there in the Indian Constitution? Ans. – The original constitution had 395 Arts and 7 schedules. Now after the 80th amendment of the constitution there are 405 Arts and 10 schedules in the constitution. Q.10 -What is meant by “Secular and Socialist” as described in the Preamble? Ans. – The preamble describes India to be a secular state. It means that there is no established religion in India and that state does not give any preference to any religion in India. The 42nd amendment of the Indian constitution makes India a socialist state. It means that the state shall abolish private ownership of the means of production and distribution. This however has not yet been achieved. On the other hand the state now encourages private ownership.
Q.11 – Bring out the significance of the terms “Sovereign, Democratic Republic” as mentioned in the Preamble. Ans. – India is a sovereign state. It means the state in India is the supreme authority over all men and all associations within the country and is absolutely free from any outside control. India is democratic. It means that in India all governments are formed on the basis of popular support. India is republic. It means all offices of the state from the highest to the lowest are held on the basis of merit and no office of the state is held on the basis of hereditary right. Q.1 2- How many states and union territories are there in the Indian Union? Ans. – There are 25 states and 7 union territories in the Indian Union. Q.13 – Which State of the Indian Union has a separate Constitution? Ans. – The state of Jammu and Kashmir has a separate constitution. Q.14 – What is the importance of Arts 370 of the Constitution? Ans. – This Art gives the state of Jammu & Kashmir a separate constitutional status. Laws passed by the Indian Parliament apply to Jammu & Kashmir if they are accepted by the J. K. legislature. Q.15 – Is the preamble to the Constitution justiciable in character? Ans. – No. The preamble is not justiciable. Q.16 – What is the necessity of the Preamble? Ans. – The preamble is like an introduction to the constitution. The courts use the preamble to clarify: the meaning of the Law whenever there is an ambiguity. Q.17 – Does the Indian Constitution recognize the principle of dual citizenship? Ans. – Though India is a federation, the principle of dual citizenship has not been accepted in the constitution. All Indian’s are accepted as the citizens of India. There is no citizenship of the states. Q.18 – When was the Indian Citizenship Act passed? Ans. – Indian Citizenship Act was passed in 1955. Q.19 – Into how many categories are the Indian citizens divided? Ans. – Indian citizens are divided into two categories—citizens by birth and citizens by adoption. Q.20 – What are the provisions of the Indian Constitution regarding integration or creation of new states? Ans. – The Indian Parliament by Acts passed that it can integrate new states into India or can create new states out of the territory of an existing state or states. Q.21 – How many categories of fundamental rights of citizens has been recognized by the Indian Constitution? Ans. – Originally the constitution conferred on the Indian citizens seven fundamental rights. They are (a) right to equality (b) right to freedom (c) right against exploitation (d) right to religious freedom. (e) right to education and culture (f) right to property and (g) right to constitutional remedies:. At present there are six fundamental rights. Right to private property has been removed from the list of fundamental rights by the 44th amendment of the constitution.
Q.22 – What is meant by equality in the eye of law? Ans. – Equality in the eye of law as provided by Art. 14 of the constitution mean that nobody is above the law. Law applies to all persons equally. Q.23 – What are the freedoms granted to citizens by Art 19 of the Constitution? Ans. – Art 19 of the constitution grants six freedoms to the citizens They are right to freedom of – (I) expression, (2) to assemble peaceably and without arms (3) to form association, (4) to move freely in India, (5) to five anywhere in India and (6) to adopt any profession or business. Q.24 – What Art of the Constitution forbids use of titles or honor conferred by foreign states? Ans. – Art 18. Q.25 – Is the right to work and employment recognized by Constitution? Ans. – No. The directive principle of the constitution declares right to work and employment as desirable. But the directives are non- justiciable in character. Q.26 – Are the conferment of honour like Bharat Ratna or Padma Bibhusun violative of right to equality under Art. 114? Ans. – No, because Bharat Ratna, Padma Bibhusun etc. are not considered as titles. They cannot be used before or after the names of the persons on whom they are conferred. Q.27 – How the Indian Constitution seeks to protect children against exploitation? Ans. – Arts 24 of the constitution forbids employment of children in factories, mines, or in hazardous works. Q.28 – What categories of people can be imprisoned without trial? Ans. – Under Arts 22 (3) of the constitution enemy aliens and persons arrested under preventive detention Acts can be imprisoned without trial. Q.29 – “India is a Secular State”. What does it mean? Ans. – Indian secularism means that the state does not have any established religion, that people are free to practice and profess any religion and that the state does not show any preference to any religion. Q.30 -What Arts of the Constitutions confer right to freedom of religion? Ans. – Arts 25 to 28 confer right to freedom of religion on the citizens. Q.31 – Is possession of private property a Fundamental Right? Ans. – Private property was a fundamental right before the passing of 44th amendment of the constitution. Now the possession of private property is an ordinary legal right and not a fundamental right. Q.32 -What Art of the Constitution confers right to constitutional remedies? Ans. – Art 32 of the constitution confer the right to constitutional remedies on the citizens. Q.33 – How many kinds of writs the Supreme Court or the High Court may issue in case of transgression of Fundamental Rights? Ans. – The Supreme Court or the High Courts may issue five kinds of writs.
These are writs of (1) Habeas Corpus (2) Mandamus (3) Prohibition (4) Certiorari and (5) Quowarranto. Q.34 – What is Habeas Corpus? What Art of the Constitution provides for it? Ans. – Habeas Corpus: literally means that human person is sacred. Hence no man can be detained illegally. Whenever a man is detained he must be produced before a court. This writ is a powerful safeguard against arbitrary arrest and detention Art. 32 of the constitution provides for Habeas Corpus. Q.35 -Do the members of the armed forces enjoy the Fundamental Rights given by the Constitution? Ans. – The parliament may restrict the fundamental rights by passing laws. Beyond such restrictions the members of the Armed Forces enjoy their fundamental rights. Q.36 -What are principal duties of the Indian Citizens? Ans. – Obeying the constitution, showing respect to the national flag and the national anthem, defending India’s sovereignty, integrity, and unity protecting national properties and upholding Indias glorious mixed culture and also showing respect to woman are the principal duties of the Indian citizens. Q.37 -When were the duties of the citizens added to the Constitution? Ans. – Ten duties of the Indian citizens have been added to the constitution by the 42nd amendment to the constitution. Q.38 – In what chapter of the Constitution and in what Arts are the Directive principles of the Constitution given? Ans. – In chapter IV Arts 35-51 the directive principle of the constitution are given. Q.39 -What is the principal difference between the directive principles and the fundamental rights? Ans. – The fundamental rights are justiciable while the directive principals are non-justiciable i.e. the fundamental rights are enforced by the courts while the directives are not enforced by the courts. Q.40 -Name four important directives given in the Indian Constitution? Ans. – (1) The states should provide help in cases of old age, unemployment and disability. (2) State should strive to reduce inequality between individuals, groups and professions (3) State should promote and foster rural cottage industries. (4) The state should provide compulsory free primary education to children below 14 years if age. Q.41 – Name two directives based on the ideal of socialism? Ans. – (A) The state should prevent concentration of the ownership of the means of production in the hands of the few (Art. 39c). (B) The state should provide help and assistance in case of unemployment and disability. Q.42 -What directive is based on a Gandhian ideal? Ans. -Art 45 of the constitution directs the state to promote and foster Panchayeti Raj in India. Q.43 -What are the value and importance of the directive principles? Ans. – The directive principles though non-justiciable are not worthless. Sir B.N. Rao contends that the directives are moral precepts. K.M. Panikkar holds that the directives promise India to achieve economic socialism or economic democracy.
Q.44 -What directive aims to secure separation of the executive from the judiciary? Ans. – Art 50 of the constitution direct the state to separate the executive from the judiciary. This is important to secure the independence of the judiciary from executive control and influence. Q.45 -How the Arts related to fundamental rights may be amended? Ans. – The Arts related to fundamental rights may be amended when a bill to that effect is passed by 2/3 votes of the members present and voting in each House of the Parliament but the members present and voting must constitute a majority of total membership of each House. Q.46 – In what Art of the Indian Constitution India has been described as a “Union of States”. Ans. – Art one of the Indian constitutions says that India that is Bharat shall be a Union of States. Q.47 – What is the other name of India given in the Constitution and in what Art.? Ans. – India is also called Bharat in Art.1 of the constitution. Q.48 – Does any Art of the Indian Constitution use the term “federation”? If not what is the term used in the constitution by which India can be called a federation’? Ans. – No Art of the constitution calls India a federation. Instead Art.1 of the constitution calls India a Union of States. From this, constitutional experts infer that India is a federation. Q.49 – “An indestructible federation of indestructible states” Does this description apply to India? Ans. – President Abraham Lincoln called the United States an indestructible federation of indestructible states. This description does not apply to India because an Indian state may be easily destroyed through the process of Re-organization of states. Hence India may be called an indestructible federation of very much destructible state. Q.50 – Through how many lists powers have been distributed between the Union and the States in India? Name them. Ans. – The Indian constitution distributes powers between the union and the states through three lists, the Union list, the State list and the Concurrent list. Q.51 – What is the procedure through which powers have been distributed between the Union and the States in India? Ans. – The Indian Constitution has not followed either the U. S. or the Canadian system of distribution of powers between the federal government and the governments of the federating units. In the U. S. A. there is only one list of powers of the national government. The residues belong to the states. In Canada there is only one list of powers of the governments of the provinces and the residues belong to the central government. In India there are three lists—the Union list, the State list and the Concurrent list. The residues belong to the centre. Q. 52 – Under what circumstances the union government can legislate on subjects in the state list? Ans. – On three occasions the Union government may legislate on state subjects.(i) to give effect to an international treaty, (ii) when the Rajyasabha by 2/3 majority authorized the Parliament under Art 249 to legislate on any state subject, (iii) when one or more states request the union government to legislate on any state subject.
Q. 53 – Under what Art the President may constitute Inter State Councils and for what purpose? Ans. – Under Arts 263 of the Indian constitution the President may constitute Inter State Councils to regulate the relations between the centre and the states or between the states. Q. 54 – Name four important subjects in the Union list? Ans. – Defence, Foreign relations, Citizenship and Banking are four important subjects in the Union list. Q. 55 – Name four important subjects in State list? Ans. – (i) Land Revenue, (ii) Law and order, (iii) Local government, (iv) Education up to the secondary level. Q. 56 – What do you mean by Concurrent list? Name four important subjects in Concurrent list. Ans. – The concurrent list mentions the subjects on which the union and the state governments, both can legislate but in case of conflict between a union and state law the union law prevails. Administrative and criminal law, vagrancy, forests, protection of wild animals and birds are four important subjects in the concurrent list. Q. 57 – Mention two circumstances when the Union Government can issue directives to the State Governments. Ans. – The union government may issue directive to the state government for the protection of the Railways and Ports and also on subjects considered important in the national interest. Q. 58 – What is meant by residual powers? Ans. – In a federal constitution powers not mentioned in any list of powers given to the centre or the states is known as the residual power. In India the residuary belongs to the union government. Q. 59 – Mention two taxes the proceeds of which are divided between the union and the state governments. Ans. – Non-agricultural income tax and excise duties except on cosmetics and medicines. Q. 60 – Mention four subjects on which the state government may impose taxes. Ans. – The state government may realize (i) sales tax, (ii) land revenue, (iii) amusement tax and taxes on (iv) transportations. 1. When was the Constituent Assembly convened ? Answer: 1946 2. When was the first session of the Constituent Assembly held ? Answer: 9 December, 1946 3. Under which Plan was the Constituent Assembly constituted ? Answer: Cabinet Mission Plan 4. Who was the President of the Constituent Assembly ? Answer: Dr. Rajandra Prasad 5. Who was the Chairman of the Drafting Committee ? Answer: B R. Ambedkar 6. When was the drafting of the Indian Constitution completed and adopted ? Answer: 26 November, 1949 7. When was the Constitution of India put into effect ?
Answer: 26 January ,1950 8. Since when India became a Republic ? Answer:26 January, 1950 9. Who was the first President of the India ? Answer: Dr. Rajendra Prasad 10. Who was the first Vice- President of the Indian Union ? Answer: Radhakrishnan 11. Who was the first Prime Minister of the Indian Union ? Answer: Jawaharlal Nehru 12. Who was the last Governor- General (Viceroy) of British India ? Answer: Lord Mountbatten 13. Who was the first Governor- General of Independent India ? Answer: Lord Mountbatten 14. When adopted the National Flag of India ? Answer: July 21st 1947 by The Constituent Assembly 15. Who set forth the main objectives of the Constituent Assembly in the form of the Objective Resolution ? Answer: Jawaharlal Nehru 16. How many articles are there in the Indian Constitution ? Answer: 448 Articles 17. How many Fundamental Rights have been guaranteed by the Indian Constitution ? Answer: 6(six) 18. How many Fundamental Duties have been assigned to the citizens of India ? Answer: 10(ten) 19. Who appoints the Prime minister of India ? Answer: The President of India 20. How is the President of India elected ? Answer: Every elected member of the legislative assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly; 21. What is the name of the Upper House of the Indian Parliament? Answer: Rajya Sabha 22. What is the name of the Lower House of the Indian Parliament? Answer: Lok Sabha 23. Who presides over the session of the Lok Sabha? Answer: The Speaker 24. Who presides over the session of the Rajya Sabha? Answer: The Vice-President of India
25. which article give special status to Jammu & Kashmir ? Answer: Article 370 26. Who appoints the Governors of States? Answer: The President of India 27. What is the total number of members in the Lok Sabha? Answer: 552 28. What is the number of elected members in the Lok Sabha? Answer: 530 29. How many members constitute the Rajya Sabha? Answer: 250 30. How are the members of the Rajya Sabha elected? Answer: Membership is limited to 250 members, 12 of whom are nominated by the President of India for their contributions to art, literature, science, and social services. 31. who designed rupee symbol? Answer: र symbol’s adoption in July 2010 by D Udaya Kumar 32. who designed Indian flag ? Answer: The Indian national flag was designed in 1916 by Pingali Venkayya from Vijayawada 33. What is the tenure of Lok Sabha? Answer: 5 years 34. Which is the highest Judicial Court of India? Answer: The Supreme Court 35. How many Judges constitute the Supreme Court? Answer: 30 Judges 36. How many times till 2013 the Parliamentary Elections have been held? Answer: 15 times 37. A citizen of how many years of age can cast vote? Answer: 18 years 38. How many Indian Territories are there in the Indian Union? Answer: 7 (seven) 39. How many times (January 2013) Indian Constitution has been amended? Answer: 98 times 40. How many high court in India Answer: India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 24 High Courts at the State & Union territory level. 1. Indian Republic is not the product of— (A) Political Revolution (B) Discussion (C) Made by a body of eminent representatives of the people (D) All the above
2. For the first time, British Parliament enacted which laws for the British Government to govern in India — (A) Govt. of India Act 1857 (B) Govt. of India Act 1858 (C) Govt. of India Act 1891 (D) Govt. of India Act 1888 3. The British Secretary of the State governed India through which Institution— (A) Executive Council (B) Parliament (C) Governor assisted by an Executive Council (D) Governor General appointed by an Executive Council 4. Under the British Rule in India, Governor General was responsible to— (A) Secretary of India (B) Secretary of Britain (C) Secretary of State (D) None of the above 5. Morely-Minto reform is associated with which Act— (A) Indian Council Act 1856 (B) Indian Council Act 1909 (C) Indian Council Act 1908 (D) Indian Council Act 1912 6. During the British rule, which community got separate representation from which Act— (A) Christian Community & Indian Council Act 1909 (B) Buddhist Community & Indian Council Act 1907 (C) Muslim Community & Indian Council Act 1909 (D) All the above 7. During the British period, under which Act election was introduced in India— (A) Indian Council Act 1913 (B) Indian Council Act 1909 (C) Indian Council Act 1906 (D) Indian Council Act 1907 8. Montagu-Chelmsford report is associated with which Govt of India Act— (A) Govt. of India Act 1918 (B) Govt. of India Act 1920 (C) Govt. of India Act 1930 (D) Govt. of India Act 1919 9. When was the Indian National Congress established— (A) 1888 (B) 1885 (C) 1889 (D) 1890 10. Under the British Rule when ‘Dyarchy Governing System’ was introduced for the first time— (A) Govt. of India Act 1919 (B) Govt. of India Act 1929 (C) Govt. of India Act 1925 (D) Govt. of India Act 1935 11. Under the Govt. of India Act 1935, which communities were provided separate representation in the Electorate system—
(A) Sikh, Europeans (B) Indian Christians (C) Anglo-Indians (D) All the above 12. Under which Government of India Act, Federation and Provincial Autonomy were introduced in India — (A) Govt. of India Act 1935 (B) Govt. of India Act 1930 (C) Govt. of India Act 1940 (D) Govt. of India Act 1936 13. Under the British rule, how many acts came into operation— (A) Govt. of India Act 1858, Indian Council Act 1861 (B) Indian Council Act 1892, Indian Council Act 1809 (C) Govt. of India Act 1919, Govt. of India Act 1935, Indian Independence Act 1947 (D) All the above 14. Which Act provided India to become an Independent state— (A) Indian Independence Act 1949 (B) Indian Independence Act 1946 (C) Indian Independence Act 1947 (D) None of the above 15. Under the Govt. of India Act 1935, the Indian Federation worked through which kind of list— (A) Federal List (B) Provincial List (C) Concurrent List (D) All the above 16. In the Govt. of India Act 1835, Federal List contained which kind of subjects— (A) External Affairs (B) Currency and Coinage (C) Naval, Military and Force, Census (D) All the above 17. In the Govt. of India Act 1935, provincial list included which kind of subjects— (A) Police (B) Provincial Public Service (C) Education (D) All the above 18. In the Govt. of India Act 1935, which subjects are included in the concurrent list— (A) Criminal Law & Procedure, Civil Procedure (B) Marriage (C) Divorce, Arbitration (D) All the above 19. Under the Govt. of India Act 1935, who had the power to proclaim emergency— (A) Governor General (B) General of India (C) Governor of the State (D) None of the above 20. In the Govt. of India Act 1935, who was authorised to make a law on the Provincial subject— (A) Governor (B) Governor General
(C) Federal Legislature (D) None of the above 21. Which Constitution is in the written form for the first time by an elected body during the Modern period— (A) India (B) America (C) Britain (D) France 22. Who was the de facto Prime Minister at the time of evolution of the Indian Constituent Assembly— (A) Moti Lal Nehru (B) Sardar Ballabh Bhai Patal (C) Jawahar Lal Nehru (D) H. N. Kunzru 23. Who boicotted the Indian Constituent Assembly— (A) Unionist Muslim (B) Muslim League (C) Unionist Scheduled Caste (D) Krishak Poja 24. In the Constituent Assembly, which parties were members— (A) Congress, Muslim League, Unionist Muslim (B) Unionist Scheduled Caste, Krishak Poja, Scheduled Castes Federation, Sikh (Non Congress) (C) Communists, Independents (D) All the above 25. Which party said that Indian Constituent Assembly does not have a fully representative character— (A) Congress (B) Muslim League (C) Unionist Muslim (D) Unionist Scheduled Castes 26. After independence, who decided to determine the Future Constitution of India— (A) Jawahar Lal Nehru (B) Sardar Ballabh Bhai Patel (C) Constituent Assembly (D) None of the above 27. Whom the Indian Constituent Assembly represented— (A) Fully representative of the Hindus (B) Fully representative of the State in India (C) Fully representative of the Provinces in India (D) Fully representative of the States and Provinces in India 28. Through which offer, the British Government authoritatively supported a Constituent Assembly for making the Indian Constitution (A) August offer (B) Viceroy offer (C) Sir Strafford Cripps offer (D) None of the above 29. Who supported the views of the Constituent Assembly for making the Indian Constitution— (A) Sardar Patel (B) Gandhiji
(C) Jinnah (D) None of the above 30. Gandhiji wrote which article in the Harijan of 19th November 1939 to support the formation of Constituent Assembly for making the Constitution of India— (A) The need of Constitution (B) Formation of Constituent Assembly (C) The only way (D) The way 31. Which Party supported formation of a Constituent Assembly— (A) Congress (B) Muslim League (C) Unionist Muslim (D) Unionist Scheduled Castes 32. When did Constituent Assembly adopt a national Flag— (A) 22nd Aug. 1947 (B) 22nd July 1947 (C) 22nd Jan. 1947 (D) 22nd Oct. 1947 33. Did the Constituent Assembly exist at the time of Indian Independence— (A) No (B) Only idea emerged (C) Yes (D) Uncertainty regarding formation of said Assembly 34. Who was the last British Governor General who addressed the Constituent Assembly— (A) Lord Attlee (B) Lord Mount Batten (C) Lord Bentick (D) None of the above 35. When did the Constituent Assembly passed a resolution for translation of the Constitution of India into Hindi and other many languages of India— (A) 17th Sep. 1949 (B) 17th Oct. 1949 (C) 17th Nov. 1949 (D) 17th Dec. 1949 36. What was the last session of the Constituent Assembly— (A) Eleventh session (B) Twelfth session (C) Sixteenth session (D) Seventh session 37. When was the last Twelfth session of the Constituent Assembly held— (A) 24th Jan. 1950 (B) 24th Feb. 1950 (C) 24th April 1950 (D) 24th Dec. 1950 38. How many copies of the Constitution were printed after the Constituent Assembly framed the same— (A) Two (B) One
(C) Three (D) Four 39. Which song was sang in the Constituent Assembly before its Adjournment sine die— (A) Jana Gana Man (B) Vande Matram (C) A & B (D) None of the above 40. For how many years, months and days, did the Constituent Assembly work on the Constitution of India— (A) 2 Years, 11 months and 19 Days (B) 3 Years, 12 months and 16 Days (C) 4 Years, 18 months and 6 Days (D) None of the above 41. How many number of sessions were held in the Constituent Assembly— (A) Twenty sessions (B) Twelve sessions (C) Twenty-five sessions (D) Twenty-eight sessions 42. How many Articles and Schedules were in the First Draft Constitution presented by the Drafting Committee to the Constituent Assembly— (A) 318 Articles and 7 Schedules (B) 319 Articles ad 10 Schedules (C) 315 Articles and 8 Schedules (D) 399 Articles and 5 Schedules 43. In the final form of the Constitution adopted by the Constituent Assembly, how many Articles and Schedules were there— (A) 397 Articles and 9 Schedules (B) 395 Articles and 4 Schedules (C) 396 Articles and 7 Schedules (D) 395 Articles and 8 Schedules 44. In the Constituent Assembly how many total number of Amendments were proposed in the Draft Constitution— (A) Approx. 7935 (B) Approx. 7892 (C) Approx. 7365 (D) Approx. 2473 45. What was the expenditure made by the Constituent Assembly while framing the Constitution of India — (A) Rs. 63,96,729 (B) Rs. 64,98,725 (C) Rs. 69,92,769 (D) Rs. 65,92,926 46. How many visitors came to witness the proceedings of the Constituent Assembly— (A) 52,500 (B) 53,000 (C) 54,000 (D) 54,500
47. Who presented the Objective Resolution in the Constituent Assembly— (A) Jawaharlal Nehru (B) Motilal Nehru (C) Sardar Ballabah Bhai Patel (D) None of the above 48. When was the First Draft of the Constitution of India proposed— (A) Oct. 1945 (B) Oct. 1947 (C) Oct. 1946 (D) Oct. 1948 49. Who prepared the first draft Constitution of India— (A) Jawahar Lal Nehru (B) Gandhiji (C) Advisory Branch of the Constituent Assembly (D) Sardar Ballabh Bhai Patel 50. Who was the Chairman of the Draft Committee of the Constituent Assembly— (A) Dr. B. R. Ambedkar (B) K. M. Munshi (C) Jagjivan Ram (D) None of the above 51. When was the draft Constitution of India prepared by the Drafting Committee submitted to the President of the Constituent Assembly— (A) 28th Feb. 1948 (B) 26th Feb. 1948 (C) 21st Feb. 1948 (D) 25th Feb. 1948 52. When was the Second Reading of the Constitution completed in the Constituent Assembly— (A) 18 Nov. 1949 (B) 17 Nov. 1949 (C) 15 Nov. 1949 (D) 16 Nov. 1949 53. How many readings were held on the Constitution in the Constituent Assembly— (A) First Reading (B) Third Reading (C) Second Reading (D) None of the above 54. When was the Constitution of India adopted by the Constituent Assembly— (A) 25th Nov. 1949 (B) 29th Nov. 1949 (C) 26th Nov. 1949 (D) 27th Nov. 1949 55. How many Princely States existed at the time when the Constituent Assembly was making the Constitution— (A) 600 (B) 800 (C) 900 (D) 950
56. Who said, ‘I feel, however, good a Constitution may be, it is sure to turn out bad because those who are called to work it, taken to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happens to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution’— (A) Dr. Ambedkar (B) Dr. Rajendra Prasad (C) Dr. Subhash Kashyap (D) None of the above 57. Who stated, ‘As to the execution that the Draft Constitution has produced a good part of the provisions of the Government of India Act 1935, make no apologies. There is nothing to be ashamed of in Borrowing.’— (A) Dr. Rajendra Prasad (B) Jawhar Lal Nehru (C) Gandhiji (D) Dr. Ambedkar 58. Who said, ‘If the people who are elected are capable and men of character and integrity, they would be able to make the best even of a defective Constitution. If they are lacking in these, the Constitution cannot help the country’— (A) Sardar Hukam Singh (B) K. M. Munshi (C) Dr. Rajendra Prasad (D) Sardar Ballabh Bhai Patel 59. When were the election to the Constituent Assembly held— (A) July 1946 (B) Aug. 1946 (C) Sep. 1946 (D) Oct. 1946 60. In the Constituent Assembly how many seats were got by the Congress— (A) 204 (B) 205 (C) 203 (D) 208 61. How many seats were obtained by the Muslim League in the Constituent Assembly— (A) 74 (B) 75 (C) 73 (D) 76 62. How many seats were acquired by the other parties in the Constituent Assembly— (A) 14 (B) 15 (C) 17 (D) 18 63. How many total members were elected in the Constituent Assembly— (A) 296 (B) 293 (C) 291 (D) 292
64. In the Parliament of India Upper House in known as— (A) Lok Sabha (B) Rajya Sabha (C) Council of States (D) None of the above 65. In the Parliament, Lower House is called as— (A) Legislative Assembly (B) Legislative Council (C) Rajya Sabha (D) Lok Sabha (House of People) 66. In the Constituent Assembly who was the Head of the Union Constitution Committee— (A) Jawaharlal Nehru (B) Sardar Patel (C) Subhash Buse (D) None of the above 67. In the Constituent Assembly which words were associated with the Parliament— (A) Parliament of the Legislature (B) Parliament of the Union (C) Parliament of the Federation (D) All the above 68. In the Constituent Assembly, it was said that Parliament of the Federation shall consist of the President and what else— (A) National Legislature (B) National Assembly (C) House of People (D) Council of State 69. In the Constituent Assembly, which committee recommended that Indian Constitution adopt Parliamentary Form of Executive— (A) Drafting Committee (B) Constitutional Committee (C) Union Constitution Committee (D) All the above 70. In the Constituent Assembly, how many seats were fixed for House of People— (A) 500 (B) 400 (C) 300 (D) 250 71. In the Constituent Assembly, what was the number of population fixed for one Representative— (A) 7,500 (B) 7,50,000 (C) 50,000 (D) 78,500 72. Who elected Dr. Rajendra Prasad as the First President of India— (A) Constituent Assembly (B) Legislative Assembly (C) Council of State (D) Lok Sabha
73. In the Constituent Assembly who proposed the name of Dr. Rajendra Prasad as President of India— (A) Jawaharlal Nehru (B) Sardar Patel (C) A & B (D) None of the above 74. Which is our National anthem— (A) Jana Gana Mana (B) Vande Matram (C) A & B (D) None of the above 75. When did the Constituent Assembly adopt National Anthem— (A) 25th Jan. 1950 (B) 26th Jan. 1950 (C) 24th Jan. 1950 (D) 29th Jan. 1950 76. In the last session of the Constituent Assembly which song was sung— (A) Jan Gana Mana (B) Vande Matram (C) A & B (D) None of the above 77. Which women presented National Flag in the Constituent Assembly— (A) Smt. Sarojini Naidu (B) Smt. Hansa Mehta (C) Smt. Indira Gandhi (D) None of the above 78. In the Indian National Flag, what does Ashoka’s wheel represent— (A) Wheel of the Truth (B) Wheel of the Moral (C) Wheel of the Dharm (D) Wheel of the Law 79. In the National Flag, what does green colour represent— (A) Animals (B) Soil (C) Human Nature (D) Spiritual Philosophy 80. In the National Flag, what does saffron colour represent— (A) Spirit of Renunciation (B) Spirit of colours (C) Spirit of Human nature (D) None of the above 81. In the National Flag, whom does the wheel represent— (A) Prithivi Raj Chauhan (B) Raja Man Singh (C) Ashoka (D) None of the above 82. In the National Flag, what shall be the Ratio of the width to the length— (A) 2 : 3 (B) 2 : 4
(C) 2 : 5 (D) 2 : 6 83. In the National Flag, how many colours are there— (A) Four (B) Three (C) Two (D) Five 84. Which colours are included in the National Flag— (A) Deep Saffron (B) White (C) Dark Green (D) All the above 85. In the National Flag, which colour is used in the wheel— (A) Blue (B) Navy Blue (C) Red Green (D) Green-White 86. In the Constituent Assembly, when was the ad-hoc Committee appointed for the National Flag— (A) 23rd June 1947 (B) 23rd July 1947 (C) 23rd Jan. 1947 (D) 23rd Feb. 1947 87. What was the name of India’s First Legislature— (A) Parliament (B) Union Parliament (C) Constituent Assembly (D) National Assembly. 88. During what period, Constituent Assembly of India worked— (A) 1948-1950 (B) 1949-1951 (C) 1947-1949 (D) 1951-1952 89. Who was the first Speaker of free India’s first Legislature (Constituent Assembly) (A) G. V. Mavalankar (B) K. M. Munshi (C) Frank Anthony (D) Smt. Sarojini Naidu 90. After Indian Independence who represented Provisional Parliament— (A) Lok Sabha (B) Parliament (C) Rajya Sabha (D) Constituent Assembly 91. When did India become a fully Sovereign Democratic Republic— (A) 26th Nov. 1949 (B) 26th Nov. 1930 (C) 26th Jan. 1949 (D) 26th Nov. 1951
92. After Indian Independence, what was not Provisional Parliament provided— (A) Directly Elected Body (B) Indirectly Elected Body (C) Sovereign Body (D) None of the above 93. In the Provisional Parliament of India, how many members were there— (A) 296 (B) 313 (C) 318 (D) 316 94. In India who amended the Constitution through the first Amendment Bill 1951— (A) Lok Sabha (B) Rajya Sabha (C) Provisional Parliament (D) Parliament 95. Who was the first Prime Minister of India at the time of Provisional Parliament— (A) Jawahar Lal Nehru (B) Lal Bahadur Shastri (C) Indira Gandhi (D) Rajiv Gandhi 96. Who was be Deputy Prime Minister of India at the time of Provisional Parliament— (A) Jawahar Lal Nehru (B) Sardar Ballabh Bahi Patel (D) Maulana Abdul Kalam Azad (D) Gulzarilal Nanda 97. Which occupation was represented more in the Provisional Parliament— (A) Agriculturists (B) Businessmen (C) Teachers/Academicians (D) Lawyers 98. From which area, more members were represented in the Provisional Parliament— (A) Rural area (B) Urban area (C) Municipalities (D) Panchayats 99. When did the first Lok Sabha function— (A) 1952-1956 (B) 1953-1957 (C) 1952-1957 (D) None of the above 100. Who was the Prime Minister of India in the first Lok Sabha— (A) Pandit Govind Ballabh Pant (B) Jawahar Lal Nehru (C) Abdul Kalam Azad (D) C. D. Deshmukh 101. Who was the Minister of Home Affairs in the first Lok Sabha— (A) Jagjivan Ram (B) C. D. Deshmukh
(C) Pandit Govind Ballabh Pant (D) Abdul Kalam Azad 102. Who was the first Speaker of the First Lok Sabha— (A) G.V. Mavalankar (B) C. D. Deshmukh (C) Dr. S. Radhakrishnan (D) Pandit Govind Ballabh Pant 103. Who was the chairman of the Rajya Sabha at the time of fist Lok Sabha— (A) N.C. Chatterjee (B) Dr. S. Radhakrishnan (C) A. K. Gopalan (D) Mahavir Tyagi 104. Who was the father of the Lok Sabha— (A) Hukam Singh (B) N. Sanjiva Readdy (C) G. S. Dhillon (D) G. V. Mavalankar 105. When did the origin and evolution of the office of Speaker start in India— (A) In Hindu period (B) In British Period (C) In Mughal period (D) None of the above 106. Till 1920, who presided over the Legislative Council of India— (A) Speaker (B) Deputy Speaker (C) Governor (D) Governor General 107. When was the title ‘Speaker’ assumed in India— (A) 1947 (B) 1948 (C) 1949 (D) 1946 108. Under which act, the Bicameral Central Legislature was established during the British period for the first time— (A) Govt. of India Act 1938 (B) The Indian Council Act 1861 (C) Govt. of India Act 1919 (D) Govt. of India Act 1935 109. Who was the first President of Central Legislative Assembly before India was Independent— (A) Sir Frederick Whyte (B) Sir C.H. Seetalbad (C) Sardar Patel (D) Sir Mohammad Yakub 110. Who was the Speaker of the Constituent Assembly— (A) Sir Abdul Rahim (B) G. V. Mavalankar (C) M. A. Ayyangar (D) Sir Ibrahim Rahim Toola
111. Who was the last President of the Indian Central Legislative Assembly during the British time— (A) G. V. Mavalankar (B) Abdul Rahim (C) Sir R. K. Shanumukham Chetty (D) None of the above 112. Who was the first Indian to be the President of Central Legislative Assembly— (A) M. A. Ayyanger (B) B. R. Bhagat (C) Dr. Balarm Jakhar (D) Vithalbhai J. Patel 113. After the death of Shri G. V. Mavrlankar, who became the Speaker of the first Lok Sabha— (A) M. A. Ayyangar (B) K.S. Hegde (C) N. Sanjiva Reddy (D) None of the above 114. Who was the Speaker of the second Lok Sabha— (A) K. S. Hegde (B) M. A. Ayyangar (C) Salman Khurshid (D) Rabi Roy 115. Which Indian President was the Speaker of the Fourth Lok Sabha— (A) S. D. Sharma (B) Dr. Rajendra Prasad (C) N. Sanjiva Reddy (D) Dr. S Radhakrishanan 116. Who was the Speaker of the Sixth Lok Sabha— (A) N. Sanjiva Reddy (B) K. S. Hegde (C) A and B (D) None of the above 117. Which article of the Indian Constitution mentioned the posts of Speaker and Deputy Speaker of the House of People— (A) Article 95 (B) Article 93 (C) Article 91 (D) Article 96 118. Who is the Head to transact the business of the Lok Sabha— (A) Prime Minister (B) Members of Lok Sabha (C) Speaker (D) President 119. In the absence of the Speaker who performs the duties of transacting the business in Lok Sabha— (A) Deputy Speaker (B) Prime Minister (C) Members of Parliament (D) Parliamentary Affairs Minister 120. Under which Article of the Constitution, the Council of State (Rajya Sabha) has a Chairman and Deputy Chairman—
(A) Article 109 (B) Article 108 (C) Article 89 (D) Article 91 121. What members of the Parliament cannot represent— (A) Members of Lok Sabha (B) Members of Rajya Sabha (C) Members of Legislative Assembly (D) Members of both Houses of Parliament 122. How can member of Parliament resign from his seat— (A) By speaking in the House (B) By an announcement in the Press (C) By writing under his signature addressed to the Chairman or the Speaker (D) All the above 123. Who fixes salaries and allowances for the Chairman and Deputy Chairman of the Rajya Sabha and the Speaker and Deputy Speaker of the Lok Sabha— (A) Lok Sabha (B) Rajya Sabha (C) Members of the Parliament (D) Parliament by Law 124. In which Schedule of the Constitution salaries and allowances for the Chairman and Deputy Chairman of Rajya Sabha and Speaker and Deputy Speaker of the Lok Sabha are specified— (A) First (B) Second (C) Third (D) Fourth 125. Under which Article Conduct of Business of Parliament is mentioned— (A) Article 99 (B) Article 93 (C) Article 76 (D) Article 92 126. Under which Schedule of the Constitution every member of Parliament takes oath or affirmation— (A) First (B) Third (C) Fifth (D) Sixth 127. Under the British Rule, who was the First Deputy President of Central Legislative Assembly— (A) Shri Sachchidananda Sinha (B) Shri Abdul Matia Chaudhary (C) Sir Muhammad Yakub (D) Shri R. R. Shamnukhaym Chetty 128. Before Indian Independence, how was the Post of Deputy Speaker in the Central Legislative Assembly called— (A) Vice President (B) Vice Chairman (C) Deputy President (D) None of the above
129. Who was the last Deputy President of Central Legislative Assembly during the British Period— (A) Sir Muhammad Yamin Khan (B) Shri Abdul Matia Chaudhary (C) Sir Muhammad Yakub (D) Shri R. R. Shamnukham Chetty 130. Who was the Deputy Speaker of the Constituent Assembly (Legislative)— (A) Shivaraj Patil (B) G. Laxman (C) S.V. Krishnamurthy Rao (D) M. A. Ayyangar 131. Who was the Deputy Speaker of the First Lok Sabha— (A) M. A. Ayyangar (B) Sardar Hukam Singh (C) M. Thambidurai (D) None of the above 132. Who was the Prime Minister at the time of Second Lok Sabha— (A) Lal Bahadur Shastri (B) Pt. Jawahar Lal Nehru (C) Narsimha Rao (D) I. K. Gujral 133. Who was the First Lok Sabha Speaker unanimously elected— (A) Hukam Singh (B) Dr. G.S. Dhillon (C) M.A. Ayyangar (D) B.R. Bhagat 134. In the First Lok Sabha Election, what was the expenditure incurred— (A) Rs. 10.45 crore (B) Rs. 5.90 crore (C) Rs. 7.81 crore (D) Rs. 14.43 crore 135. Who said ‘As President, I have no eyes but constitutional eyes. I cannot see you’— (A) Dr. Rajendra Prasad (B) Dr. Radhakrishnan (C) Abraham Lincoln (D) Mahatma Gandhi 136. When was the First Lok Sabha dissolved— (A) 4th April 1957 (B) 3rd April 1957 (C) 6th April 1957 (D) 8th April 1957 137. In the First Lok Sabha, what was the Representation of Women— (A) 27 (B) 34 (C) 22 (C) 39 138. In the First Lok Sabha, how many seats were— (A) 500 (B) 499
(C) 544 (D) 521 139. In which two Lok Sabhas Women Representation was equal— (A) First and Sixth Lok Sabha (B) First and Eighth Lok Sabha (C) First and Fifth Lok Sabha (D) First and Ninth Lok Sabha 140. Which Prime Minister of India imposed President Rule for more number of times— (A) Jawahar Lal Nehru (B) Lal Bahadur Shastri (C) N. D. Deva Gowda (D) Indira Gandhi 141. During the time of Jawahar Lal Nehru, how many Times Presidents Rule was reproduced— (A) Seven (B) Two (C) Zero (D) Four 142. During Lal Bahadur Shastri time, how many times President Rule was imposed— (A) Four (B) Ten (C) Two (D) Fifteen 143. During the time of Indira Gandhi, what was the number of President’s Rule imposed— (A) 16 (B) 48 (C) 4 (D) 6 144. During the time of Morarji Desai and Charan Singh, what was the number of times President Rule imposed— (A) 16 (B) 4 (C) 5 (D) 10 145. In Rajeev Gandhi time, how many times President Rule was imposed— (A) 15 (B) 20 (C) 5 (D) 6 146. At the time of V. P. Singh, how many times President’s Rule was imposed— (A) 2 (B) 6 (C) 7 (D) 8 147. During the period of Chandra Shekhar, how many times President’s Rule was imposed— (A) 9 (B) 4 (C) 3 (D) 11
148. During the time of P. V. Narsihmha Rao, what was the number of President’s Rule— (A) 90 (B) 100 (C) 7 (D) 11 149. At the time of H. D. Deva Gowda, what was the number of President’s Rule— (A) 2 (B) 5 (C) 13 (D) 16 150. Under which Article of the Constitution of India, Constitution of Parliament has been defined— (A) 80 (B) 79 (C) 82 (D) 81 151. Who nominates 12 members in the Council of State— (A) Chairman of Rajya Sabha (B) Deputy Chairman of Rajya Sabha (C) President of India (D) Prime Minister of India 152. Members of Rajya Sabha are elected by which members— (A) Lok Sabha (B) Legislative Assembly (C) Council of State (D) Legislative Council 153. Representative of Union territories in the Council of State shall be choosen in such a manner as decided by— (A) As prescribed by law in the Assembly (B) As prescribed by law by State (C) As prescribed by law by the Union (D) As prescribed by law in the Parliament 154. How many members represented Union territories in Lok Sabha— (A) 20 (B) 21 (C) 22 (D) 23 155. For a Election to Lok Sabha, each State shall be divided into— (A) Constituencies (B) Territorial Constituencies (C) Union Constituencies (D) State Constituencies 156. How many members are fixed for Lok Sabha— (A) 501 (B) 551 (C) 530 (D) 506 157. In which Article of the Constitution of India, duration of House of Parliament has been mentioned— (A) 83
(B) 84 (C) 85 (D) 88 158. Which House shall not be a subject for dissolution— (A) Lok Sabha (B) House of People (C) Council of State (D) State Legislature 159. After how many years, one-third of the members of the Rajya Sabha retire— (A) 6 years (B) 3 years (C) 5 years (D) 2 years 160. Under which Constitutional subject in operation, life of Lok Sabha can be extended by one year— (A) Proclamation of Emergency (B) Proclamation of President Rule in the State (C) Proclamation of Amendment to the Constitution (D) None of the above 161. What is the period of Lok Sabha— (A) Four years (B) Six years (C) Five years (D) Three years 162. Under which Article of the Constitution of India, qualification for membership of Parliament has been mentioned— (A) 88 (B) 84 (C) 89 (D) 91 163. What power the President may exercise from time to time in respect of Parliament— (A) Prorogue either of the House of Parliament (B) Dissolve House of the People (C) A & B (D) None of the above 164. What activities does the President perform in respect of both the Houses of the Parliament— (A) Time to time to summon each of Parliament (B) Prorogue either of the House of the Parliament (C) Dissolve the Lok Sabha (D) All the above 165. Under whose advice, the President shall have the power of summoning, prorogation and dissolution — (A) Home Minister (B) Prime Minister (C) Council of Ministers (D) Parliamentary Affairs Ministers 166. Within which period the President has to summon session of the Parliament— (A) Six Months (B) Five Months
(C) Four Months (D) Three Months 167. Under which Supreme Court Judgment, action of the President to summon, prorogue and dissolve either of the Houses of the Parliament shall be unconstitutional if acted without advice of Council of Ministers— (A) Indira Gandhi vs. Raj Narain A.I.R. 1975 S.C. 2299 (B) Rao vs. Indira Gandhi A.I.R. 1971 S.C. 1002 (C) Anandan vs. Chief Secretary, A.I.R. 1966 S.C 657 (D) None of the above 168. In the event of dissolution of Lok Sabha, who need not resign or get dismissed immediately— (A) Prime Minister (B) Home Minister (C) Union Council of Ministers (D) None of the above 169. Under which Constitutional Article, President has the right to address and send message to the Parliament— (A) 84 (B) 83 (C) 85 (D) 86 170. Under which Constitutional Article, President has the right for Special Address to the Parliament— (A) 87 (B) 88 (C) 89 (D) 90 171. Which law officer shall have the right to speak in both the Houses of Parliament— (A) Solicitor General (B) Advocate General (C) Attorney General (D) Legal Advisor 172. Which Article of the Constitution of India mentioned the posts of the Chairman and Deputy Chairman of Rajya Sabha— (A) 90 (B) 89 (C) 93 (D) 94 173. Whom the Rajya Sabha has the power for removal— (A) Speaker (B) Deputy Speaker (C) Council of President (D) Deputy Chairman 174. During the absence of the Chairman, who runs the Rajya Sabha ? (A) Deputy Chairman (B) Prime Minister (C) Home Minister (D) Parliamentary Affairs Minister 175. Under which Article, House of the People can have the Speaker and Deputy Speaker— (A) 95
(B) 93 (C) 98 (D) 96 176. What is the period laid down by the Constitution before the proposal for removal of Speaker and Deputy Speaker of Lok Sabha can be taken up by a resolution in the Lok Sabha— (A) 15 Days (B) 18 Days (C) 16 Days (D) 14 Days 177. In Lok Sabha, who can not preside in the House while a Resolution for Removal from his office is under consideration— (A) Speaker (B) Deputy Speaker (C) A & B (D) None of the above 178. Under which Article Salaries and allowances of the Chairman and Deputy Chairman of Rajya Sabha and Speaker and Deputy Speaker of Lok Sabha are mentioned— (A) 97 (B) 96 (C) 95 (D) 94 179. Which Article mentions the conduct of business of the Houses of Parliament— (A) 99 (B) 100 (C) A & B (D) None of the above 180. Who appoints each member of either of the Houses of the Parliament after notification is received from the Election Commission— (A) President (B) Speaker of Lok Sabha (C) Chairman of Rajya Sabha (D) Prime Minister 181. Who shall not give vote in the first instance in either of the Houses of Parliament— (A) Speaker (B) Chairman (C) A & B (D) None of the above 182. When Speaker and Chairman shall give their votes on the Parliament. (A) When Prime Minister asks them to give vote on the Bill (B) When the House passes such a resolution (C) In the case of a tie between Yes and No (D) All the above 183. What is the Quorum laid down to constitute a meeting of either of the Houses of Parliament— (A) one-tenth of the total number of members of that House (B) one-fourth of the total number of members of that House (C) one-fifth of the total number of members of that House (D) one-half of the total number of members of that House 184. Which Article mentions disqualification of members in the Parliament—
(A) Article 101 to Article 104 (B) Article 101 to Articles 105 (C) Article 102 to Article 106 (D) Article 106 to Article 110 185. Lok Sabha has the supremacy in which matter— (A) Railway Budget (B) Defence Budget (C) Foreign affairs (D) Financial Bill 186. Normally, what kind of session does the Parliament hold— (A) Budget session (B) Monsoon session (C) Winter session (D) All the above 187. Which session of the year, President addresses both the Houses of Parliament— (A) First session (Budget) (B) Second session (Monsoon) (C) Third session (Winter) (D) None of the above 188. In which session of Parliament, Railway and General Budgets are presented— (A) Monsoon session (B) First session (C) Winter session (D) None of the above 189. What is the meaning of the adjournment motion under Parliamentary procedure— (A) Member draws attention regarding important subject-matter (B) Member wants the House to discuss his subject-matter (C) Member wants to raise complicated issue (D) Member wants to draw the attention of the House to way recent matter of urgent public importance having serious consequences. 190. Who has the power to accept adjournment in the House— (A) Prime Minister (B) Home Minister (C) Speaker in the Lok Sabha and Chairman in the Rajya Sabha (D) All the above 191. Which authority in the Parliament has the right to adjourn the House— (A) Speaker of Lok Sabha and Chairman of Rajya Sabha (B) President (C) Parliamentary Affairs Minister (D) Prime Minister 192. Who has the power to present adjournment motion in Lok Sabha and Rajya Sabha— (A) Minister (B) Deputy Speaker (C) Prime Minister (D) Member of the said House 193. In the Parliament, every Bill has to pass through which stages of Reading before it becomes act— (A) First Reading (B) Second Reading
(C) Third Reading (D) All the above 194. When a Bill is passed by the Parliament and the President, what is the status of the name— (A) Law (B) Bill approved (C) Bill exercised for administration (D) Government procedure 195. Which two houses, can have a joint sitting— (A) Legislative Assembly and Parliament (B) Lok Sabha and Rajya Sabha (C) Council of State and Legislative Council (D) None of the above 196. When does the President assent the Bill— (A) Lok Sabha passes the Bill (B) Rajya Sabha passes the Bill (C) Lok Sabha and Rajya Sabha both passed the Bill (D) None of the above 197. In India, when does the financial year commence— (A) First April (B) Second April (C) First March (f) Fifteenth March 198. On the subject of budget, demands for grant are arranged in which way— (A) Prime Minister (B) Finance Minister (C) Ministry wise (D) All the above 199. In how many parts, the Budget is presented in Lok Sabha— (A) One (B) Two (C) Three (D) Four 200. How are the parts of the Budget known as— (A) General Budget (B) Railway Budget (C) A & B (D) None of the above 201. In the Parliament, what is the meaning of the Government Bill— (A) Bill presented by Ruling Party member (B) Bill approved by the Government (C) Only the Prime Minister presents the Bill (D) A Bill introduced by any Minister in either of the Houses of the Parliament 202. In the Second Reading, what kind of process is adopted to approve the Bill— (A) A general discussion on the Bill (B) Clause by clause consideration of the Bill (C) A & B (D) None of the above
203. Who has the authority to call a joint sitting of the two Houses of Parliament— (A) Prime Minister (B) President (C) Member of Lok Sabha (D) Member of Rajya Sabha 204. Who has the power to accord his assent or withhold his assent to a Bill passed by the parliament— (A) President (B) Member of the House (C) Minister (D) None of the above 205. Which Bill President can neither return nor withhold his assent— (A) Defence Bill (B) Money Bill (C) Law Bill (D) Financial Account Committee Bill 206. How may Standing Committees are there in Lok Sabha— (A) 14 (B) 15 (C) 15 (D) 18 207. Standing Committees in Lok Sabha are— (A) Business Advisory Committee & Committee of Privileges (B) Committee on Absence of Members from the sitting of the House & Committee on Estimates (C) Committee on Government assurances and Committee on papers laid on the Table (D) All the above 208. Financial Committees in Lok Sabha are— (A) Committee on Estimates (B) Public Accounts Committee (C) Public Undertaking Committee (D) All the above 209. Ad hoc Committees in Parliament are— (A) Committee on Draft Five Year Plan, etc. (B) Committee in the conduct of certain members during the President Address (C) Select or Joint Committee on Bills (D) All the above 210. Who appoints Ad hoc Committee on Parliament— (A) Speaker of Lok Sabha (B) Chairman of Rajya Sabha (C) A & B (D) None of the above 211. By which procedure the Indian President and American President are elected as laid down by their country’s constitution— (A) Elected through Member of Legislature (B) Elected by the People (C) Elected by State Legislatures (D) Elected by an Electoral College 212. In what way our Indian Parliament is not Sovereign or Supreme with respect to the Constitution— (A) In the Preamble, Constitution of India defines people of India as Sovereign
(B) Written Constitution of India (C) Separation of Power and Checks and Blanees between the three constitutional organ (D) All the above 213. Who has said that basic features of the Indian Constitution do not amount to a change— (A) Prime Minister (B) Parliament (C) Supreme Court of India (D) Government 214. What is the nature of India’s political system— (A) Presidential System (B) Parliamentary System (C) A & B (D) None of the above 215. Which Constitutional Article was very much affected in the Supreme Court Judgement of Kesavanand Bharti vs. State of Kerala— (A) Article 352 (B) Article 368 (C) Article 351 (D) Article 342 216. Which constitutional article emopowers amendment in the Constitution of India— (A) Article 368 (B) Article 356 (C) Article 357 (D) Article 359 217. Which constitutional organ has the power to amend Constitution of India— (A) Judiciary (B) Executive (C) Legislative (D) Parliament 218. On which subject, Parliament has the power to amend the Constitution and the same also need ratification by the State Legislature— (A) Articles 54, 55, 73, 162 and 241 or Chapter IV of Part V, Chapter V of Part VI or Chapter I of Part XI (B) Any of the Lists in the Seventh Schedules of the representation of State on Parliament (C) The Provisions of Article 368 (D) All the above 219. Under which Constitutional Amendment Act, Article 368 of the Constitution was amended for the first time— (A) 25th Amendment Act (B) 26th Amendment Act (C) 24th Amendment Act (D) 27th Amendment Act 220. Which Supreme Court Judgement pronounced that Fundamental Rights cannot be abridged— (A) Golak Nath vs. State of Punjab A.I.R. 1967 S.C. 1643 (B) Kesavanand Bharti vs. State of Kerala A.I.R. 1973 S.C. 1961 (C) Indira Gandhi vs. Rajnarain A.I.R. 1975 S.C. 2299 (D) None of the above 221. Who curbed the Judicial Review power of Judiciary through Amendment of the Constitution— (A) State Legislature
(B) Parliament (C) Council of State (D) Legislative Council 222. Who restored the Judicial Review power of Judiciary under Indian Constitution— (A) Supreme Court of India (B) High Court (C) Chief Metropolitan Magistrate (D) District Court 223. In which House, Janta Government failed to secure two-third majority for new clause under Article 368 for introducing referendum for effecting changes in certain logic features of the Constitution— (A) Legislative Council (B) State Legislature (C) State Assembly (D) Rajya Sabha 224. Who said in his judgement that no part of our Constitution is unamendable— (A) Allahabad High Court (B) Calcutta High Court (C) Madras High Court (D) Supreme Court of India 225. What was the important landmark judgement regarding amendment of the Constitution (Article 368) (A) Shankari Prasad vs. Union of India (B) Golak Nath vs State of Punjab (C) Kesavananda vs State of Kerala, Minerva Mill vs. Union of India (D) All the above 226. Which Supreme Court judgement described the basic structure of the Constitution of India for the first time— (A) Sankari Prasad vs. Union of India (B) Kesavananda vs. State of Kerala (C) Indira Gandhi vs. Union of India (D) Golak Nath vs. State of Punjab 227. How many judges of the Supreme Court were in the Bench to describe the basic structure of the Constitution for the first time in the landmark Judgement Kesavananda vs. State of Kerala— (A) Article 13 (B) Article 12 (C) Article 14 (D) Article 15 228. Under which Chief Justice of India, the Constitution Bench described the basic structure of the Constitution for the first time— (A) Mr. Justice J. M. Shelat (B) Mr. Justice J. S. Verma (C) Mr. Justice C. J. Sikri (D) Mr. Justice K. V. Chandrachud 229. In which Supreme Court Judgement, it has been pronounced that Parliament cannot enlarge its own powers by making itself new Constitution— (A) Sasanka vs. Union of India (B) Kesavananda vs. State of Kerala (C) Minerva Mills vs. Union of India (D) Sankari Prasad vs. Union of India
230. What is the nature of the Indian Constitution— (A) Rigid Constitution (B) Flexible Constitution (C) A & B (D) None of the above 231. Which Articles in the Indian Constitution represent emergency provisions— (A) Article 348-354 (B) Article 352-360 (C) Article 359-361 (D) Article 368-380 232. Under which article of the Indian Constitution proclamation of emergency has been defined— (A) Article 352 (B) Article 353 (C) Article 354 (D) Article 358 233. Which article in the Constitution of India defines effect of proclamation of Emergency— (A) Article 356 (B) Article 353 (C) Article 354 (D) Article 257 234. Which Constitutional Article defines that only the union has the power to protect states against external aggression and internal disturbance— (A) Article 359 (B) Article 360 (C) Article 355 (D) Article 361 235. Which Constitutional article defines the provisions in case of failure of constitutional machinary in States— (A) Article 356 (B) Article 358 (C) Article 359 (D) Article 369 236. Which Constitutional article defines exercise of Legislative power after proclamation is issued under article 356— (A) Article 358 (B) Article 357 (C) Article 360 (D) Article 358 237. Which article defines suspession of the provisions of Article 18 during emergency— (A) Article 344 (B) Article 345 (C) Article 343 (D) Article 358 238. Which constitutional article defines the provision in respect of financial emergency— (A) Article 359 (B) Article 357 (C) Article 356 (D) Article 350
239. Which constitutional article defines the provision in respect of financial emergency— (A) Article 348 (B) Article 351 (C) Article 360 (D) Article 362 240. Which constitutional article defines protection of President and Governors— (A) Article 362 (B) Article 363 (C) Article 368 (D) Article 301 241. Which constitutional article defines protection against publication of proceedings of Parliament and Legislature— (A) Article 361D (B) Article 361A (C) Article 364 (D) Article 365 242. Which constitutional article defines the Bar to interference by Courts in disputes arising out of certain treaties, agreements, etc.— (A) Article 363 (B) Article 370 (C) Article 371 (D) Article 372 243. Which constitutional article abolished the Privy Purses— (A) Article 374 (B) Article 392 (C) Article 363A (D) Article 364 244. Which constitutional article defines the effect of failure to comply with or to give effect to direction given by the Union— (A) Article 356 (B) Article 367 (C) Article 368 (D) Article 365 245. Which constitutional article defines the various definitions of constitutional subject— (A) Article 366 (B) Article 369 (C) Article 375 (D) Article 378 246. Which Fundamental Rights Article is not in operation during the emergency— (A) Article 22 (B) Article 19 (C) Article 23 (D) Article 24 247. Which constitutional organ has wider powers when emergency is in operation— (A) Executive (B) Legislative (C) Judiciary (D) A & B
248. Which organ does not have the right to question and justify as null and void the law which violates Fundamental Rights article? (A) Executive (B) Judiciary (C) Legislative (D) None of the above 249. Who has the power to declare that citizen has no right to move any court for the enforcement of the rights conferred by Part 3 of Fundamental Rights during the course of emergency— (A) Executive (B) President (C) Governor (D) Prime Minister 250. Which Fundamental Rights article is enforceable during the period of emergency— (A) 20 (B) 21 (C) A & B (D) None of the above 251. Through which constitutional amendment in article 359, it has been laid down that Fundamental Rights under articles 20 and 21 are enforceable during the operation of emergency— (A) 44th Amendment Act (B) 46th Amendment Act (C) 45th Amendment Act (D) 48th Amendment Act 252. On whose satisfaction period of emergency shall be extended for operation in case security of India or any part of the Indian territory is threatened— (A) Prime Minister (B) Home Minister (C) President of India (D) Vice-President of India 253. Article 20 of the Fundamental Rights represents which subject— (A) Equality of opportunity in matters of public employment (B) Protection in respect of Conviction of Offence (C) Protection of life and personal liberty (D) None of the above 254. Article 21 of the Fundamental Rights deals with which subject— (A) Protection of certain rights regarding freedom of speech, (B) Protection in respect of conviction of offence (C) Protection against arrest and detention in certain cases (D) Protection of life and personal liberty 255. Who declares the financial emergency— (A) President (B) Prime Minister (C) Finance Minister (D) None of the above 256. After declaration of financial emergency by the President, what is the period of operation without approval by the Parliament— (A) Three Months (B) Four Months
(C) Two Months (D) One Month 257. Within what period, the Parliament has to approve Financial emergency declared by the President— (A) Six Months (B) Two Months (C) Three Months (D) Four Months 258. In Financial Emergency, salaries and allowances of which groups get reduction— (A) Central Government Employees (B) Judges of the Supreme Court and High Courts (C) A & B (D) None of the above 259. Raj Pramukh represents whom under the Indian Constitution— (A) President (B) Governor (C) A & B (D) None of the above 260. Under the Indian Constitution, what is the concept behind the protection of President and Governors — (A) President & Governors are above the law (B) President & Governors make any law for the Constitution (C) President and Governors are answerable to Prime Minister (D) President and Governors shall not be answerable to any court to the exercise and performance of the powers and duties of their office 261. By which Constitutional amendment, the appellation Rajpramukh was omitted— (A) 7th Amendment Act 1956 (B) 4th Amendment Act 1955 (C) 6th Amendment Act 1956 (D) 10th Amendment Act 1961 262. Which constitutional article provides personal immunity for President and Governors for official act — (A) Article 362 (B) Article 363 (C) Article 368 (D) Article 361 263. Which constitutional article provides personal immunity to the head of the states for his official act from legal action, including proceedings for contempt of Court— (A) Article 361 (B) Article 362 (C) Article 368 (D) Article 369 264. Under which constitutional articles, newspapers do not have the right to publish report of the proceedings of a secret session of either of the Houses of Parliament or Legislative Assembly & Legislative Council— (A) 361 (B) 361A (C) 361B (D) 361C
265. Spell out the condition under Article 361A by which any person or newspaper cannot be sued for legal proceeding if any report of proceedings of Parliament and State Legislature is published— (A) The report must be a report of the `procedings’ of a House of the Union or a State Legislature. Hence, it must be relevant to a motion or other business before the House, and must not have been expunged (B) It must be a ‘report’ as distinguished from one article or `Comment’. (C) Such report must be substantially true. Hence, an extract or a garbed or perverted report would not be protected. The reporting must not be actuated by malice (D) All of the above 266. Any Court including Supreme Court does not have constitutional right under Article 143 to exercise jurisdiction over any dispute arising out of any provision of which agreements that were in operation before commencement of the Constitution— (A) Treaty, Agrrement (B) Covenant, Engagement (C) Sanad (D) All of the above 267. What is the meaning of Indian State in the Constitution— (A) Any territory recognised by President of India (B) Any territory before commencement of Indian Constitution by the British ruler (C) Any territory which government of the Dominion of India recognised (D) B & C 268. Before which Constitutional Amendment, Prince, Chief or other person were recognised by the President of India as the Ruler of the Indian State— (A) 26th Amendment Act 1971 (B) 24th Amendment Act 1971 (C) 16th Amendment Act 1963 (D) 17th Amendment Act 1964 269. Under which Constitutional Amendment Privy Purses were abolished— (A) 36th Amendment Act 1975 (B) 26th Amendment Act 1971 (C) 16th Amendment Act 1963 (D) 17th Amendment Act 1964 270. Under which Constitutional Article, Union Government has the power to give direction to the State Govt. regarding any of the provisions of the Constitution— (A) Article 368 (B) Article 362 (C) Article 365 (D) Article 367 271. If any State Government fails to comply with or to give effect to any direction given by the Union Government, who can come to conclusion that a situation has arisen in which the State cannot carry out governance in accordance with the provision in the Constituion— (A) President (B) Prime Minister (C) Home Minister (D) Supreme Court 272. Under Article 365 what are the duties of the Union Government with respect to State Governments — (A) Ensure that every State Minister should act in accordance with the advice of Chief Minister (B) Ensure that Governor acts under advice of the Chief Minister
(C) Ensure that Governance in the State is in accordance with the Constitution (D) All of the above 273. What is the meaning of Foreign State as given in our Indian Constitution— (A) Federal State (B) Commonwealth State (C) Nation (D) Any State other than India 274. Which Constitutional article defines the work of Administrative Tribunal— (A) Article 323A (B) Article 233B (C) Article 223B (D) None of the above 275. Under which part of the Constitution, Tribunals have been defined— (A) Part Four (B) Part Seven (C) Part Fifteen (D) Part Ten 276. What are the subjects for adjudication or trial by Administrative Tribunal— (A) Private sector employee recruitment disputes (B) Decide on recruitment in Public sector (C) Dispute and complaints with respect to recruitment and condition of service of persons appointed in the public services in connection with the officers of the Union or of any State or of any local or other Authority within the territory of India (D) None of the above 277. Administrative Tribunal is meant for whom— (A) Union (B) Each State (C) Two or more States (D) All the above 278. Which Constitutional Amendment introduced the subject Tribunal in the Indian Constitution— (A) Forty-second Amendement Act (B) Sixty-ninth Amendment Act (C) Seventeenth Amendment Act (D) Seventy-one Amendment Act 279. On which Administrative Tribunal have no right to adjudicate disputes— (A) Members of the Defence Forces (B) Officers and Servants of the Supreme Court or of any High Court (C) Members of the Secretariat Staff of Parliament or of any legislature of any State or Union Territory (D) All of the above 280. Administrative Tribunals entertain those employees who are under employment with whom? (A) Union or State Government (B) A Local or other authority within the territory of India (C) A Corporation owned or controlled by the Government (D) All of the above 281. Jurisdiction of the Administrative Tribunal is not supplementary but is a complete substitute for whom— (A) High Court (B) Civil Courts
(C) A & B (D) None of the above 282. Under which constitutional article, jurisdiction of the Supreme Court has been retained over the Administrative Tribunals— (A) Article 356 (B) Article 136 (C) Article 132 (D) Article 134 283. Jurisdiction of the High Courts under Article 226 over service matters has been taken over by which judicial institution— (A) District Court (B) Administrative Court (C) Chief Metropolitan Magistrate (D) High Court 284. Which Constitutional Institution conducts elections of Parliament and State Legislatures and to the offices of President and Vice-President— (A) State Election Commission (B) Provisional Election Commission (C) Election Commission (D) None of the above 285. After 44th Constitutional Amendment provisions relating with election in Part XV of the Constitution of India have been retained in how many Articles— (A) 324-329A (B) 324-329 (C) 324-327 (D) 224-228 286. Which Constitutional Article relating with the subject of election was omitted through 44th Amendment Act 1975— (A) 329A (B) 329B (C) 329C (D) 329 287. Through which Constitutional Amendment, Article 329A relating with the subject of Election was inserted— (A) 25th Amendment Act 1971 (B) 27th Amendment Act 1971 (C) 28th Amendment Act 1972 (D) 39th Amendment Act 1975 288. Through which Constituional Article, the subject of Bar to interference by courts in electoral matters have been elaborated— (A) Article 327 (B) Article 229 (C) Article 329 (D) None of the above 289. Which Constitutional Article elaborated power of Parliament to make provision with respect to election to legislatures— (A) Article 329 (B) Article 327
(C) Article 328 (D) Article 330 290. Who appoints Chief Election Commissioner— (A) President (B) Prime Minister (C) Parliament (D) None of the above 291. Who acts as the Chairman of the Election Commission after appointment as Election Commissioner — (A) Prime Minister (B) Home Minister (C) Chief Appointment Officer (D) Chief Election Commissioner 292. Under whose advice, President of India appoints Regional Election Commissioner— (A) Prime Minister (B) Chief Justice of High Court (C) Governor (D) Chief Election Commissioner 293. Who decides allotment of symbols to Political Parties— (A) Political Party leader (B) Political Party Governing Committees (C) Election Committee of Political Party (D) Election Commission 294. Conduct of Election Rules, 1961 was made by the Central Govt. in consultation with which commission— (A) Parliamentary Members Inquiry Commission (B) Regional Election Commissioners (C) Election Commission (D) None of the above 295. Who decides disputes relating with the allotment of symbols to Political Parties— (A) Representation Act 1952 (B) Representation Act 1953 (C) Representation of the People Act 1951 (D) Election Commission 296. Who made a law for conduction of services and tenure of the office of Election Commissioners and Regional Election Commissioner— (A) Chief Election Commissioner (B) President (C) Parliament (D) State Legislature 297. Who decides de-recognition of the Political Party solely on the basis of its performance at the election, e.g., bycotting of the election— (A) Supreme Court of India (B) Election Commission (C) High Court (D) District Court 298. Can de-recognition of the Political Party by the Election Commission on the basis of its performance at the last Election be subjected to scrutiny—
(A) Judicial Review (B) Judicial Order (C) Judicial Scrutiny (D) None of the above 299. On whose recommendation, Election Commissioner or Regional Election Commissioner shall be removed from the office— (A) Chief Judicial Magistrate (B) President (C) Election Commission (D) None of the above 300. Who has ample powers under Article 324(1) to make appropriate orders as to the conduct of Elections, e.g., cancellation of poll and ordering to poll according to exigencies in particular areas, introduction of electronic voting machines, postponing of election, etc.— (A) Regional Election Commissioner (B) Election Committee of Government (C) Electoral Officer (D) Election Commission 301. Under Article 324, Election Commission has vast functions which are as given in what area— (A) Administrative power (B) Marginally Judicative power (C) Legislative power (D) All of the above 302. After which Constitutional Amendment, even though decision of the Election Commission is issued from New Delhi, the order of the commission can be challenged by the aggrieved party in another state in the High Court of that State under Article 226— (A) 15th Amendment Act (B) 10th Amendment Act (C) 11th Amendment Act (D) 12th Amendment Act 303. Through which procedure, a writ can be filed in the Supreme Court against decision of the Election Commission on recognising or de-recognising a political party for the purpose of an electoral symbol, or which group within a particular party, constitutes that party for been allotted of Election symbol to that party— (A) Under Article 32 (B) Under Article 229 (C) Special leave petition (D) Public Interest Litigation 304. Under which Constitutional Article, Special leave to appeal lies with the Supreme Court— (A) Article 136 (B) Article 137 (C) Article 138 (D) Article 139 305. Under which Constitutional Article review of judgement or orders lies with the Supreme Court— (A) Article 139 (B) Article 137 (C) Article 140 (D) Article 141
306. Under which Constitutional Article enlargement of the jurisdiction of the Supreme Court is mentioned— (A) Article 145 (B) Article 148 (C) Article 138 (D) Article 143 307. Which Constitutional Article mentions conformation the Supreme Court of powers to issue certain writs— (A) Article 145 (B) Article 168 (C) Article 169 (D) Article 139 308. Which Constitutional Article mentions transfer of certain cases for Supreme Court— (A) Article 139A (B) Article 139B (C) Article 139C (D) Article 138 309. Which Constitutional Article defines law declared by Supreme Court to be binding on all courts— (A) Article 142 (B) Article 141 (C) Article 143 (D) Article 144 310. Under which Constitutional Article, President has the power to consult Supreme Court— (A) Article 145 (B) Article 146 (C) Article 143 (D) Article 144 311. Under which Constitutional Article, Civil and Judicial authorities are to act in aid of the Supreme Court— (A) Article 245 (B) Article 248 (C) Article 146 (D) Article 144 312. Under which Constitutional Article repeal of special provision as to disposal of questions relating to constitutional validity of law is mentioned— (A) Article 144A (B) Article 345 (C) Article 248 (D) Article 249 313. Which Constitutional Article defines the subject ‘Officers and servants and expenses of the Supreme Court.’ (A) Article 296 (B) Article 147 (C) Article 247 (D) Article 245 314. Which Constitutional Article defines ‘Interpretation’ of Constitutional right of Supreme Court— (A) Article 163 (B) Article 162
(C) Article 147 (D) Article 161 315. Which Constitutional Article defines functions of Comptroller and Auditor General of India.— (A) Article 148-150 (B) Article 149-150 (C) Article 148-155 (D) Article 148-151 316. Which Constitutional Article defines, Comptroller and Auditor General of India— (A) Article 148 (B) Article 149 (C) Article 150 (D) Article 151 317. Through which Constitutional Article duties and powers of `Comptroller and Auditor General’ is detailed— (A) Article 153 (B) Article 149 (C) Article 199 (D) Article 168 318. Which Constitutional Article defines `Form of Accounts of the Union and the State.’— (A) Article 151 (B) Article 152 (C) Article 150 (D) Article 153 319. Under which Constitutional Article, the Election Commission is a Tribunal— (A) Article 136 (B) Article 136(3) (C) Article 136(2) (D) Article 136(1) 320. Up to which year Chief Election Commissioner functioned as one-man Commission— (A) 1988 (B) 1989 (C) 1987 (D) 1986 321. In which months and year, the President notified that besides the Chief Election Commisioner the Commission should have two other members called as Election Commissioner— (A) Nov. 1989 (B) Feb. 1989 (C) Oct. 1989 (D) Dec. 1989 322. Through which Supreme Court Judgement, it has been pronounced that Chief Election Commissioner should have two other members called Election Commissioner with Coordinate power— (A) Durga Shankar vs. Raghuraj A.I.R. 1954 S.C. 520 (B) Mohinder vs. Election Commission A.I.R. 1978 S.C. 851 (C) Inderjeet vs. Election Commission A.I.R. 1984 S.C 1911 (D) Dhanoa vs. Union of India A.I.R. 1991 S. C. 1745 323. Chief Election Commissioner cannot be removed except by which process— (A) Resignation
(B) Presidential Order (C) Impeachment (D) Judicial Decision 324. Under which Chief Election Commissioner, Election Commission was made a body of multimember Election Commission— (A) T. N. Seshan (B) H. K. Sen (C) S. P. Sen Verma (D) M. S. Gill 325. Which Chief Election Commissioner appealed the Supreme Court that under Article 324, Election Commission as a multi member Election Commission is not valid— (A) K. B. Sundram (B) T. Swaminathan (C) H. S. Shakdhar (D) T. N. Seshan 326. During T. N. Seshan period as Chief Election Commissioner, who was the other Commissioner in the Election Commission— (A) M. S. Gill (B) G. V. Krishnamurthy (C) A & B (D) None of the above 327. For which Election, one General Electoral Roll for every territorial Constituency shall exist— (A) Lok Sabha (B) Rajya Sabha (C) Legislature (D) All the above 328. On what basis, Election to Lok Sabha and State Legislature shall be conducted— (A) Adult Suffrage (B) Indirect Election (C) Direct Election (D) None of the above 329. Under which Constitutional Amendment, provision for minimum age as 18 years for the Indian citizen was made to become eligible to vote— (A) 60th Amendment Act 1988 (B) 61st Amendment Act 1989 (C) 62nd Amendment Act 1989 (D) None of the above 330. Before 61st Amendment Act 1989, what was the age of Indian citizen eligible to vote in the Election — (A) 23 (B) 24 (C) 21 (D) 22 331. Under Article 326, what was the Constitutional requirment for the Indian citizen not to become eligible as a voter— (A) Non Resident (B) Unsoundness of Mind
(C) Crime or Corrupt or Illegal practive (D) All the above 332. Which Constitutional Article lays down qualification for becoming a voter— (A) Article 328 (B) Article 339 (C) Article 326 (D) Article 295 333. Which Constitutional Article lays down qualifications for the Indian citizens for election to Parliament— (A) Article 81 (B) Article 80 (C) Article 83 (D) Article 84 334. Which Constitutional Article defines qualifications for the Indian citizen for election to a State Legislature— (A) Article 173 (B) Article 175 (C) Article 177 (D) Article 178 335. Under the Indian Constitution, what does `Adult Suffrage’ signify— (A) Children (B) Persons (C) Any Indian citizen who is of the age of 18 years and above (D) None of the above 336. Who makes law with respect to Elections for State Legislature— (A) Parliament (B) Judiciary (C) Government (D) Election Commission 337. Under Constitutional Articles 327 or 328, which subject shall not be called to be questioned in any Court— (A) Delimitation of Constituencies (B) The allotment of seats to such Constituency (C) A & B (D) None of the above 338. How the election to either House of Parliament or to either House of the Legislature of the State shall be called in question in the courts whose manner of presentation may be provided made by law by appropriate Legislature— (A) PIL (Public Interest Litigation) (B) SLP (Special Leave Petition) (C) Action under Article 32 (D) Election Petition 339. Which Constitutional Article lays down the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha— (A) Article 330 (B) Article 332 (C) Article 333 (D) Article 334
340. Which Constitutional Article deals with `Representation of the Anglo-Indian Community’ with House of the People— (A) Article 334 (B) Article 331 (C) Article 332 (D) Article 333 341. Under Article 331, how many members of the Anglo-Indian Community can be nominated in Lok Sabha by the President— (A) 3 (B) 4 (C) 2 (D) 1 342. In which State a separate district has been reserved for Scheduled Tribes— (A) Assam (B) Andhra Pradesh (C) Karnataka (D) Kerala 343. Which Constitutional Article deals with representation of the Anglo-Indian Community in the Legislative Assembly— (A) Article 334 (B) Article 335 (C) Article 336 (D) Article 333 344. Under Article 333, how many members from the Anglo-Indian Community can be nominated by the Governor in the Legislative Assembly— (A) 8 (B) 1 (C) 4 (D) 3 345. Under which Constitutional Amendment of Article 334, reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assembly has been laid down— (A) 31st Amendment Act 1959 (B) 23rd Amendment Act (C) 45th Amendment Act 1980 & 62nd Amendment Act 1989 (D) All the above 346. Before which Constitutional Amendment, 20 years were fixed for reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Legislature— (A) 23rd Amendment Act 1969 (B) 8th Amendment Act 1959 (C) 44th Amendment Act 1978 (D) 45th Amendment Act 1980 347. Through which Constitutional Amendment, 30 years were fixed for reservation of seats for SC and ST in Lok Sabha and State Assembly— (A) 45th Amendment Act 1980 (B) 50th Amendment Act 1984 (C) 23rd Amendment Act 1969 (D) 51st Amendment Act 1984
348. Which Constitutional Amendment fixes 40 years for reservation of seats for SC and ST in Lok Sabha and State Legislative Assembly. (A) 55th Amendment Act 1986 (B) 56th Amendment Act 1987 (C) 52nd Amendment Act 1985 (D) 45th Amendment Act 1980 349. Which Constitutional Amendment lays down 50 years for reservation of seats for SC and ST in the House of People and State Legislative Assembly— (A) 62nd Amendment Act 1989 (B) 44th Amendment Act 1928 (C) 45th Amendment Act 1980 (D) None of the above 350. Which Constitutional Article mentions ‘Claims of SC and ST in Govt. services and post’— (A) Article 336 (B) Article 335 (B) Article 338 (D) Article 339 351. Which Constitutional Article lays down the provision for a National Commission for SC and ST— (A) Article 337 (B) Article 334 (C) Article 338 (D) Article 339 352. Which community gets special provision for Central Services in Article 336— (A) Sikh Community (B) Muslim Community (C) Hindu Community (D) Anglo-Indian Community 353. At the time of commencement of the Indian Community how many years were laid down for appointment to the post in the Railways, Customs, Postal & Telegraph services for the Anglo-Indian community— (A) 2 years (B) 5 years (C) 4 years (D) 6 years 354. What shall be the composition of National Commission for SC and ST— (A) Chairperson (B) Vice-Chairperson (C) Five other members (D) All the above 355. National Commission for SC and ST shall be made by which constitutional institution— (A) Parliament (B) Executive (C) Judiciary (D) State Legislature 356. Which Constitutional Article defines the SC— (A) Article 345 (B) Article 346
(C) Article 341 (D) Article 342 357. Which Constitutional Article defines the ST— (A) Article 345 (B) Article 343 (C) Article 347 (D) Article 342 358. Which Constitutional Article specifies official language of the Union— (A) Article 343 (B) Article 344 (C) Article 345 (D) Article 346 359. Under Constitutional Article 343, which is the official language of the Union— (A) Urdu (B) Hindi (C) English (D) b & c 360. Which Constitutional Article empowers the State Legislature to adopt Hindi or any state language as the official language of that state— (A) Article 345 (B) Article 346 (C) Article 348 (D) Article 349 361. Whose satisfaction is required under Constitutional Article 347 regarding special provision for creating language spoken by a section of the population of a state— (A) Parliament (B) Judiciary (C) President (D) Prime Minister 362. Which Constitutional Article defines official language for communication between the state and another state and the Union— (A) Article 349 (B) Article 346 (C) Article 243 (D) Article 305 363. Which Constitutional Article defines the Panchayat Raj— (A) 243O (B) 243A (C) 243 (D) 243I 364. In the Indian Constitution, which type of the Sabha is mentioned under Panchayat Raj— (A) District Sabha (B) Gram Sabha (C) Nagar Panchayat Sabha (D) Zila Sabha 365. Under Constitutional Article 243, what is the meaning of Panchayat— (A) Self Gram Panchayat Raj (B) Government of Village
(C) Self Government (D) None of the above 366. Under Constitutional Article 243D, in Panchayat who gets reservation— (A) Scheduled Caste (B) Scheduled Tribes (C) A & B (D) None of the above 367. Who make composition of Panchayat under Constitutional Article 243(C)— (A) State Assembly (B) Lok Sabha (C) Council of State (D) Legislature of State 368. Which Constitutional Article defines disqualification for the members of Panchayat— (A) Article 243F (B) Article 243G (C) Article 243I (D) None of the above 369. Which Constitutional Article defines the duration of the Panchayat— (A) Article 243N (B) Article 243O (C) Article 243E (D) Article 243B 370. Which Constitutional Article define `Municipalities’— (A) Article 243P (B) Article 243Q (C) Article 243T (D) Article 343U 371. Which Constitutional Article defines `constitution of Municipalities’— (A) Article 243M (B) Article 243I (C) Article 243L (D) Article 243Q 372. Constitutionally, who notifies the phenomenal area of— (A) Parliament (B) Governor (C) Chief Minister (D) State Government 373. A Municipal Council is situated in which area— (A) Larger Urban area (B) Urban area (C) Smaller Urban area (D) None of the above 374. Governor issues a notification for which areas on the subject of constitution of Municipal area— (A) A Transitional Area (B) A Smaller Urban Area (C) A Larger Urban Area (D) All the above 375. For Election of Members to Lok Sabha and Legislative Assembly, electoral constituencies comprise
wholly or partly of which area— (A) A Transitional Area (B) Municipal Area (C) Legislative Council (D) None of the above 376. Where wards Committees are found— (A) Gram Sabha (B) Gram Panchayat (C) Municipalities (D) None of the above 377. Under Constitutional Article 343D, a metropolitan area represent how many number of population— (A) Ten Lakhs or more (B) Fifteen Lakhs or more (C) Less than Ten Lakhs (D) Less than Five Lakhs 378. Under Constitutional Article 243U, what is the maximum duration of Municipalities— (A) 4 years (B) 6 years (C) 5 years (D) 3 years 379. Which Constitutional Article defines Election to Municipalities— (A) Article 243A (B) Article 243ZA (C) Article 243ZB (D) Article 243P 380. Through which Constitutional Amendment, Municipalities continued to be in force in the state which existed before commencement of the Indian constitution— (A) Seventy-fourth Amendment Act 1992 (B) Forty-fourth Amendment Act 1978 (C) Forty-fifth Amendment Act 1989 (D) Forty-seventh Amendment Act 1984 381. The Constitution of India, was drafted and enacted in which language— (A) Hindi (B) English (C) Tamil (D) Telugu 382. In Article 394A which language is the authoritative text of the constitution of India— (A) Punjabi (B) Manipuri (C) Hindi (D) Urdu 383. Which Constitutional Article states ‘This Constitution may be called the Constitution of India’ (A) Article 397 (B) Article 396 (C) Article 395 (D) Article 394 384. Which Constitutional Article states that Hindi is the official language— (A) Article 343
(B) Article 346 (C) Article 345 (D) Article 347 385. In which language script, Constitution of India was signed by the members of the Constitutent Assembly on 21st Jan. 1950— (A) English (B) Hindi (C) A & B (D) None of the above 386. Which Constitutional Article defines the ‘Provision in case of failure of Constitutional Authority in the state— (A) Article 356 (B) Article 357 (C) Article 353 (D) Article 351 387. After which report, President promulgates President Rule in the State— (A) Prime Minister (B) Union Home Minister (C) Chief Minister (D) Governor 388. Who has the Authority to approve President Rule in the state— (A) Parliament (B) Lok Sabha (C) State Legislature (D) Council of State 389. Who has the constitutional power not to approve `President Rule’ in the state under Article 356— (A) Prime Minister (B) Parliament (C) Union Council of Ministers (D) State Government 390. In case President Rule in the state is not approved by the Parliament, ‘For how many months the same promulgation shall last’. (A) Four Months (B) Two Months (C) Three Months (D) Six Months 391. Under Article 356 Governor shall not be bound by whose advice— (A) Chief Minister Council of Ministers (B) President (C) Prime Minister (D) None of the above 392. In which Supreme Court Judgement. it has been pronounced that `Article 356 cannot be invoked unless it can be held that government of the state cannot be run in accordance with the provision of the Constitution’ (A) Arun vs. Union of India A.I.R. 1992 Allahabad S.C. 1918 (B) S. R. Bommai vs. Union of India A.I.R. 1990 Kant 95 (C) A & B (D) None of the above
393. In which Supreme Court Judgement it has been pronounced that ‘the Union Government cannot dismiss a duly elected State Government on the sole ground that the ruling party in the state suffered an overwhelming defeat in the election of the Lok Sabha— (A) S. R. Bommai vs. Union of India A.I.R. 1994 S.C. 1916 (B) State of Rajasthan vs. Union of India A.I.R. 1977 S.C. 1361 (C) A & B (D) None of the above 394. How many Schedules are incorporated in the Constitution of India— (A) Eleventh Schedule (B) Tenth Schedule (C) Ninth Schedule (D) Twelfth Schedule 395. Which Constitutional Article lays down distribution of work through the Union List, State List, and Concurrent List between the Union and State— (A) 246 (B) 247 (C) 248 (D) 249 396. In the Union List, how many subjects are incorporated— (A) 95 (B) 92 (C) 97 (D) 99 397. In the State List, how many subjects are included— (A) 65 (B) 66 (C) 64 (D) 63 398. In the Concurrent list, how many subjects have been included— (A) 42 (B) 43 (C) 45 (D) 47 399. Constitutionally, how a law can be made out of the subject in the Concurrent List— (A) Union (B) State (C) Council of State (D) A & B 400. Constitutionally, who has the power to make a law on the subject mentionable in the Union List— (A) Lok Sabha (B) Parliament (C) Rajya Sabha (D) Legislative Council INDIAN CONSTITUTION Answers :
1.(A) 2.(B) 3.(D) 4.(C) 5.(B) 6.(C) 7.(B) 8. (D) 9.(B) 10.(A) 11.(D) 12.(A) 13.(D) 14.(C) 15. (D) 16.(D) 17.(D) 18.(D) 19.(A) 20.(C) 21.(B) 22. (C) 23.(B) 24.(D) 25.(B) 26.(C) 27.(D) 28.(A) 29. (B) 30.(C) 31.(A) 32.(B) 33.(C) 34.(B) 35.(A) 36. (B) 37.(A) 38.(C) 39.(C) 40.(A) 41.(B) 42.(C) 43. (D) 44.(C) 45.(A) 46.(B) 47.(A) 48.(B) 49.(C) 50. (A) 51.(C) 52.(D) 53.(B) 54.(C) 55.(A) 56.(A) 57.(D) 58.(C) 59.(A) 60.(B) 61.(C) 62.(A) 63.(D) 64.(B) 65. (D) 66.(A) 67.(C) 68.(A) 69.(C) 70.(A) 71.(B) 72.(A) 73.(C) 74.(C) 75.(C) 76.(C) 77.(B) 78.(D) 79.(B) 80. (A) 81.(C) 82.(A) 83.(B) 84.(D) 85.(B) 86.(A) 87.(C) 88.(C) 89.(A) 90.(D) 91.(C) 92.(A) 93.(B) 94.(C) 95. (A) 96.(B) 97.(D) 98.(A) 99.(C) 100.(A) 101.(C) 102. (A) 103.(B) 104.(D) 105.(B) 106.(D) 107.(A) 108. (C) 109.(A) 110.(B) 111.(A) 112.(D) 113.(A) 114. (B) 115.(C) 116.(C) 117.(B) 118.(C) 119.(A) 120.(C) 121. (D) 122.(C) 123.(D) 124.(B) 125.(A) 126.(B) 127. (A) 128.(C) 129.(A) 130.(D) 131.(A) 132.(B) 133. (C) 134.(A) 135.(C) 136.(A) 137.(C) 138.(B) 139.(C) 140. (D) 141.(A) 142.(C) 143.(B) 144.(D) 145.(D) 146. (A) 147.(B) 148.(D) 149.(A) 150.(B) 151.(C) 152.(B) 153. (D) 154.(A) 155.(B) 156.(C) 157.(A) 158.(C) 159. (D) 160.(A) 161.(C) 162.(B) 163.(C) 164.(D) 165.(C) 166.(A) 167.(B) 168.(C) 169.(D) 170.(A) 171.(C) 172.(B) 173.(D) 174.(A ) 175. (B) 176.(D) 177.(C) 178.(A) 179.(C) 180.(A) 181.(C) 182. (C) 183.(A) 184.(A) 185.(D) 186.(D) 187.(A) 188.(B) 189.(D) 190.(C) 191.(A) 192.(D) 193.(D) 194.(A) 195. (B) 196.(C) 197.(A) 198.(C) 199.(B) 200.(C) 201.(D) 202.(C) 203. (B) 204.(A) 205.(B) 206.(D) 207.(D) 208.(D) 209.(D) 210.(C) 211.(D) 212.(D) 213.(C) 214.(B) 215.(B) 216.(A) 217.(D) 218. (D) 219.(C) 220.(A) 221.(B) 222.(A) 223.(D) 224.(D) 225.(D) 226.(B) 227.(A) 228.(C) 229.(C) 230.(C) 231.(B) 232.(A) 233. (B) 234.(C) 235.(A) 236.(B) 237.(D) 238.(A) 239.(C) 240.(D) 241.(B) 242.(A) 243.(C) 244.(D) 245.(A) 246.(B) 247.(D) 248.(B) 249.(B) 250.(C) 251.(A) 252.(C) 253.(B) 254. (D) 255.(A) 256.(C) 257.(B) 258.(C) 259.(C) 260.(D) 261. (A) 262.(D) 263.(A) 264.(B) 265.(D) 266.(D) 267. (D) 268.(A) 269.(B) 270.(C) 271.(A) 272.(C) 273. (D) 274.(A) 275.(C) 276.(C) 277.(D) 278.(A) 279. (D) 280.(D) 281.(C) 282.(B) 283.(B) 284.(C) 285.(B) 286.(A) 287. (D) 288.(C) 289.(B) 290.(A) 291.(D) 292.(D) 293. (D) 294.(C) 295.(D) 296.(C) 297.(B) 298.(A) 299.(C) 300. (D) 301.(D) 302.(A) 303.(C) 304.(A) 305.(B) 306.(C) 307.(D) 308.(A) 309.(A) 310.(C) 311.(D) 312.(A) 313.(B) 314.(C) 315.
(D) 316.(A) 317.(D) 318.(C) 319.(D) 320.(B) 321.(C) 322.(D) 323.(C) 324.(A) 325.(D) 326.(C) 327.(D) 328.(A) 329.(B) 330. (C) 331.(D) 332.(C) 333.(D) 334.(A) 335.(C) 336.(A) 337.(C) 338.(D) 339.(A) 340.(B) 341.(C) 342.(A) 343.(D) 344.(B) 345. (D) 346.(B) 347.(C) 348.(D) 349.(A) 350.(B) 351.(C) 352. (D) 353.(A) 354.(D) 355.(A) 356.(C) 357.(D) 358.(A) 359.(D) 360.(A) 361.(C) 362.(B) 363.(C) 364.(B) 365.(C) 366. (C) 367.(D) 368.(A) 369.(C) 370.(A) 371.(D) 372. (B) 373.(C) 374.(D) 375.(B) 376.(C) 377.(A) 378.(C) 379.(B) 380.(D) 381.(B) 382.(C) 383.(D) 384.(A) 385.(C) 386. (A) 387.(D) 388.(A) 389.(B) 390.(D) 391. (A) 392.(C) 393.(C) 394.(D) 395.(A) 396.(C) 397.(B) 398.(D) 399.(D) 400.(B)
