Overview: The Indian Constitution is the bedrock of the nation’s democratic framework and governance. Its wide-ranging provisions, blending fundamental rights, duties, federalism, and judicial principles, make it an indispensable subject for judiciary aspirants. Understanding the details of constitutional law is important for cracking competitive exams like the judiciary services.
The judiciary exam tests candidates' knowledge of constitutional provisions and their ability to interpret and apply them in a legal context.
This blog compiles a comprehensive set of important questions on Indian constitutional law, tailored to help aspirants enhance their preparation and build a solid conceptual foundation.
From questions on the Preamble and Fundamental Rights to emergency provisions and the doctrine of basic structure, this blog covers all critical areas to streamline your preparation and ensure you confidently approach the exam.
Preamble and Features
Which word was added to the Preamble by the 42nd Amendment Act of 1976?
a) Democratic
b) Secular
c) Republic
d) Sovereign Answer: b) Secular
The Preamble of the Constitution declares India as:
a) A Socialist, Secular, Democratic Republic
b) A Sovereign, Socialist, Secular, Democratic Republic
c) A Federal, Socialist, Secular, Democratic Republic
d) A Unitary, Socialist, Secular, Democratic Republic Answer: b) A Sovereign, Socialist, Secular, Democratic Republic
Which country was the idea of the Preamble borrowed from?
a) USA
b) UK
c) Australia
d) Canada Answer: a) USA
Which of the following is NOT a feature of the Indian Constitution?
a) Rigid Constitution
b) Parliamentary System
c) Federal System with Unitary Bias
d) Single Citizenship Answer: a) Rigid Constitution
How many times has the Preamble been amended?
a) Once
b) Twice
c) Thrice
d) Never Answer: a) Once
Which Article guarantees the Right to Equality?
a) Article 14-18
b) Article 19-22
c) Article 23-24
d) Article 25-28 Answer: a) Article 14-18
Under which Article is Untouchability abolished?
a) Article 15
b) Article 16
c) Article 17
d) Article 18 Answer: c) Article 17
Which Fundamental Right prohibits discrimination on grounds of religion, race, caste, sex, or place of birth?
a) Article 14
b) Article 15
c) Article 16
d) Article 17 Answer: b) Article 15
Which Article provides the Right to Freedom of Religion?
a) Article 19
b) Article 21
c) Article 25
d) Article 28 Answer: c) Article 25
Writs are issued under which Article?
a) Article 21
b) Article 32
c) Article 19
d) Article 226 Answer: b) Article 32
Directive Principles of State Policy (DPSP)
Which Article states that the State shall strive to promote the welfare of people?
a) Article 36
b) Article 37
c) Article 38
d) Article 39 Answer: c) Article 38
DPSPs are borrowed from the Constitution of:
a) USA
b) Ireland
c) UK
d) Canada Answer: b) Ireland
Which Article emphasizes equal pay for equal work?
a) Article 39(d)
b) Article 41
c) Article 43
d) Article 44 Answer: a) Article 39(d)
What is the significance of Article 44?
a) Uniform Civil Code
b) Prohibition of Child Labor
c) Right to Education
d) Right to Privacy Answer: a) Uniform Civil Code
Are DPSPs enforceable by law?
a) Yes
b) No
c) Partially
d) Only in emergencies Answer: b) No
Fundamental Duties were added to the Constitution by:
a) 42nd Amendment
b) 44th Amendment
c) 52nd Amendment
d) 86th Amendment Answer: a) 42nd Amendment
How many Fundamental Duties are listed in Article 51A?
a) 10
b) 11
c) 9
d) 12 Answer: b) 11
Which of these is a Fundamental Duty?
a) Right to Education
b) Protect and improve the environment
c) Right to Vote
d) None of the above Answer: b) Protect and improve the environment
Fundamental Duties apply to:
a) Citizens only
b) Citizens and Non-Citizens
c) Government Officials only
d) State Authorities Answer: a) Citizens only
Which committee recommended the inclusion of Fundamental Duties?
a) Sarkaria Committee
b) Sardar Swaran Singh Committee
c) Balwant Rai Mehta Committee
d) Narasimham Committee Answer: b) Sardar Swaran Singh Committee
The Parliament consists of:
a) Lok Sabha and Rajya Sabha
b) Lok Sabha, Rajya Sabha, and the President
c) Lok Sabha only
d) Lok Sabha and the Prime Minister Answer: b) Lok Sabha, Rajya Sabha, and the President
Money Bills are introduced in:
a) Rajya Sabha
b) Lok Sabha
c) Both Houses
d) None of the above Answer: b) Lok Sabha
Rajya Sabha is also known as:
a) Lower House
b) House of Commons
c) Council of States
d) Federal Chamber Answer: c) Council of States
The maximum strength of Lok Sabha is:
a) 552
b) 545
c) 500
d) 560 Answer: a) 552
How many seats in the Rajya Sabha are reserved for Union Territories?
a) 10
b) 12
c) 20
d) 15 Answer: b) 12
Judiciary
The Supreme Court was established in:
a) 1947
b) 1950
c) 1949
d) 1951 Answer: b) 1950
The Supreme Court consists of how many judges, including the Chief Justice?
a) 30
b) 31
c) 33
d) 34 Answer: d) 34
Article 141 states:
a) Supreme Court's decisions are binding on all courts
b) Supreme Court can review its judgments
c) Supreme Court can transfer cases from one High Court to another
d) None of the above Answer: a) Supreme Court's decisions are binding on all courts
Public Interest Litigation (PIL) was introduced in which case?
a) Maneka Gandhi v. Union of India
b) SP Gupta v. Union of India
c) Keshavananda Bharati v. State of Kerala
d) Minerva Mills v. Union of India Answer: b) SP Gupta v. Union of India
Which Article allows the Supreme Court to review its own judgments?
a) Article 136
b) Article 137
c) Article 141
d) Article 144 Answer: b) Article 137
Federal Structure
Which Article divides the powers between Union and State?
a) Article 245
b) Article 246
c) Article 247
d) Article 248 Answer: b) Article 246
What is the basis of the division of powers between Union and State?
a) Indian Penal Code
b) Directive Principles
c) Seventh Schedule
d) Sixth Schedule Answer: c) Seventh Schedule
The residuary powers under the Indian Constitution rest with:
a) State Legislature
b) Union Parliament
c) Both State and Union
d) Local Bodies Answer: b) Union Parliament
The concept of Cooperative Federalism is based on:
a) Rigid Constitution
b) Distribution of Powers
c) Collaboration between Union and State Governments
d) Judicial Review Answer: c) Collaboration between Union and State Governments
The Inter-State Council is constituted under:
a) Article 263
b) Article 262
c) Article 264
d) Article 266 Answer: a) Article 263
Election and Representation
The Election Commission is responsible for:
a) Conducting municipal elections
b) Conducting Panchayat elections
c) Conducting elections to Parliament and State Legislatures
d) Supervising all elections in India Answer: c) Conducting elections to Parliament and State Legislatures
Anti-defection law is included in which Schedule?
a) 8th Schedule
b) 10th Schedule
c) 11th Schedule
d) 12th Schedule Answer: b) 10th Schedule
Who appoints the Chief Election Commissioner of India?
a) Prime Minister
b) President
c) Chief Justice of India
d) Vice-President Answer: b) President
The model code of conduct is enforced by:
a) Supreme Court
b) Parliament
c) Election Commission
d) High Courts Answer: c) Election Commission
The minimum age for becoming a member of Rajya Sabha is:
a) 21 years
b) 25 years
c) 30 years
d) 35 years Answer: c) 30 years
Local Government
Panchayati Raj institutions were introduced through which amendment?
a) 42nd Amendment
b) 44th Amendment
c) 73rd Amendment
d) 74th Amendment Answer: c) 73rd Amendment
Municipalities are governed under:
a) 10th Schedule
b) 12th Schedule
c) 11th Schedule
d) 7th Schedule Answer: b) 12th Schedule
How many tiers are there in Panchayati Raj?
a) One
b) Two
c) Three
d) Four Answer: c) Three
Which Article provides for Gram Sabha?
a) Article 40
b) Article 243A
c) Article 243B
d) Article 243C Answer: b) Article 243A
Which body supervises the functioning of Municipal Corporations?
a) State Government
b) Central Government
c) High Court
d) Election Commission Answer: a) State Government
Emergency Provisions
Emergency provisions are detailed under which part of the Constitution?
a) Part XVI
b) Part XVIII
c) Part XIX
d) Part XVII Answer: b) Part XVIII
The President can declare a National Emergency under:
a) Article 352
b) Article 356
c) Article 360
d) Article 365 Answer: a) Article 352
What happens to Fundamental Rights during a National Emergency?
a) They are suspended
b) They are amended
c) They remain intact
d) They can be partially suspended Answer: d) They can be partially suspended
State Emergency is declared under:
a) Article 352
b) Article 356
c) Article 365
d) Article 360 Answer: b) Article 356
Financial Emergency is mentioned under:
a) Article 352
b) Article 356
c) Article 360
d) Article 370 Answer: c) Article 360
Amendments and Basic Structure
The procedure to amend the Constitution is provided in:
a) Article 356
b) Article 360
c) Article 368
d) Article 372 Answer: c) Article 368
The doctrine of Basic Structure was established in which case?
a) Golaknath Case
b) Minerva Mills Case
c) Kesavananda Bharati Case
d) Indira Sawhney Case Answer: c) Kesavananda Bharati Case
Which amendment added Fundamental Duties?
a) 42nd Amendment
b) 44th Amendment
c) 52nd Amendment
d) 86th Amendment Answer: a) 42nd Amendment
Which part of the Constitution deals with amendments?
a) Part XX
b) Part XVIII
c) Part XIX
d) Part XXI Answer: a) Part XX
The 73rd Amendment pertains to:
a) Cooperative Societies
b) Panchayati Raj
c) Fundamental Duties
d) Right to Education Answer: b) Panchayati Raj
Miscellaneous
The term “Secular” was added to the Constitution by:
a) 40th Amendment
b) 42nd Amendment
c) 44th Amendment
d) 46th Amendment Answer: b) 42nd Amendment
Which Article guarantees the right to education?
a) Article 19
b) Article 21A
c) Article 32
d) Article 39 Answer: b) Article 21A
Which Article provides for the impeachment of the President?
a) Article 61
b) Article 71
c) Article 72
d) Article 76 Answer: a) Article 61
Which Article mentions the Finance Commission?
a) Article 268
b) Article 270
c) Article 280
d) Article 282 Answer: c) Article 280
Single citizenship is provided under:
a) Article 5
b) Article 6
c) Article 10
d) Article 11 Answer: a) Article 5
Judiciary
Which Article establishes the Supreme Court of India?
a) Article 124
b) Article 125
c) Article 126
d) Article 127 Answer: a) Article 124
What is the term of office for a Supreme Court judge?
a) 60 years
b) 65 years
c) 70 years
d) No fixed term Answer: b) 65 years
Which Article gives the Supreme Court the power to enforce Fundamental Rights?
a) Article 32
b) Article 226
c) Article 142
d) Article 141 Answer: a) Article 32
High Courts in India were first established in:
a) 1862
b) 1885
c) 1909
d) 1919 Answer: a) 1862
Under which Article can the President seek advisory opinion from the Supreme Court?
a) Article 141
b) Article 142
c) Article 143
d) Article 144 Answer: c) Article 143
Which Article allows the High Court to issue writs?
a) Article 224
b) Article 225
c) Article 226
d) Article 227 Answer: c) Article 226
Public Interest Litigation (PIL) can be filed under:
a) Article 19
b) Article 32
c) Article 226
d) Both b and c Answer: d) Both b and c
Which Article specifies the independence of the judiciary?
a) Article 50
b) Article 51
c) Article 48
d) Article 49 Answer: a) Article 50
The concept of Judicial Review in India is derived from:
a) UK
b) USA
c) Canada
d) Australia Answer: b) USA
The Supreme Court's decision is binding on all courts as per:
a) Article 140
b) Article 141
c) Article 142
d) Article 143 Answer: b) Article 141
Schedules of the Constitution
Which Schedule deals with the allocation of seats in Rajya Sabha?
a) First Schedule
b) Second Schedule
c) Fourth Schedule
d) Sixth Schedule Answer: c) Fourth Schedule
The Fifth Schedule deals with:
a) Scheduled Tribes in Tribal Areas
b) Scheduled Areas and Tribes
c) Languages
d) Anti-defection Answer: b) Scheduled Areas and Tribes
The Eighth Schedule contains:
a) Fundamental Duties
b) Official Languages
c) Directive Principles
d) Panchayati Raj Answer: b) Official Languages
How many languages are listed in the Eighth Schedule?
a) 18
b) 21
c) 22
d) 23 Answer: c) 22
Which Schedule is related to anti-defection?
a) 8th Schedule
b) 9th Schedule
c) 10th Schedule
d) 12th Schedule Answer: c) 10th Schedule
Special Provisions
Article 370 provided special status to:
a) Nagaland
b) Jammu & Kashmir
c) Mizoram
d) Arunachal Pradesh Answer: b) Jammu & Kashmir
Which Article protects the rights of minorities to establish educational institutions?
a) Article 28
b) Article 29
c) Article 30
d) Article 31 Answer: c) Article 30
Reservation of seats for SC/ST in Lok Sabha is mentioned in:
a) Article 326
b) Article 330
c) Article 340
d) Article 350 Answer: b) Article 330
Which Article provides for the Finance Commission?
a) Article 280
b) Article 281
c) Article 282
d) Article 283 Answer: a) Article 280
Article 21 guarantees:
a) Freedom of Speech
b) Right to Equality
c) Right to Life and Personal Liberty
d) Right to Property Answer: c) Right to Life and Personal Liberty
Miscellaneous
Single citizenship is adopted from:
a) UK
b) USA
c) Canada
d) Australia Answer: a) UK
Which Article deals with the Official Language of India?
a) Article 340
b) Article 341
c) Article 343
d) Article 344 Answer: c) Article 343
The National Emergency has been declared in India how many times?
a) 1
b) 2
c) 3
d) 4 Answer: c) 3
The doctrine of "Basic Structure" was propounded in:
a) Golaknath Case
b) Kesavananda Bharati Case
c) Minerva Mills Case
d) Indira Sawhney Case Answer: b) Kesavananda Bharati Case
The Right to Property was removed as a Fundamental Right by:
a) 42nd Amendment
b) 44th Amendment
c) 45th Amendment
d) 46th Amendment Answer: b) 44th Amendment
Citizenship
Indian citizenship is governed by which part of the Constitution?
a) Part II
b) Part III
c) Part IV
d) Part V Answer: a) Part II
Citizenship can be acquired in how many ways?
a) Three
b) Four
c) Five
d) Six Answer: c) Five
A person voluntarily acquiring citizenship of another country loses Indian citizenship under:
a) Article 8
b) Article 9
c) Article 10
d) Article 11 Answer: b) Article 9
Dual citizenship is allowed in India for:
a) NRIs
b) PIOs
c) OCI holders
d) None of the above Answer: d) None of the above
Provisions related to citizenship are mentioned in:
a) Articles 1-4
b) Articles 5-11
c) Articles 12-35
d) Articles 36-51 Answer: b) Articles 5-11
CAG and Finance
Who appoints the Comptroller and Auditor General (CAG)?
a) Prime Minister
b) President
c) Finance Minister
d) Parliament Answer: b) President
The tenure of the CAG is:
a) 5 years
b) 6 years
c) 65 years of age or 6 years, whichever is earlier
d) No fixed tenure Answer: c) 65 years of age or 6 years, whichever is earlier
Article 112 deals with:
a) Annual Financial Statement (Budget)
b) Finance Commission
c) Consolidated Fund of India
d) Contingency Fund Answer: a) Annual Financial Statement (Budget)
Taxes levied by the Union but collected and appropriated by States are mentioned in:
a) Article 265
b) Article 268
c) Article 270
d) Article 275 Answer: b) Article 268
The Goods and Services Tax (GST) was introduced through which amendment?
a) 100th Amendment
b) 101st Amendment
c) 102nd Amendment
d) 103rd Amendment Answer: b) 101st Amendment
Languages and Schedules
Which language is used for Supreme Court proceedings?
a) Hindi
b) English
c) Both Hindi and English
d) Regional Languages Answer: b) English
The Ninth Schedule was introduced by which amendment?
a) First Amendment
b) Seventh Amendment
c) Ninth Amendment
d) Tenth Amendment Answer: a) First Amendment
The Constitution initially recognized how many languages?
a) 12
b) 14
c) 16
d) 18 Answer: b) 14
How many Schedules are there in the Indian Constitution?
a) 10
b) 11
c) 12
d) 13 Answer: c) 12
The Sixth Schedule deals with:
a) Tribal areas of Assam, Meghalaya, Tripura, and Mizoram
b) Scheduled Areas in India
c) Anti-defection law
d) Panchayati Raj institutions Answer: a) Tribal areas of Assam, Meghalaya, Tripura, and Mizoram
Emergency Provisions (Contd.)
Fundamental Rights under which Articles are automatically suspended during a National Emergency?
a) Articles 19-22
b) Articles 14-18
c) Articles 20 and 21
d) Article 19 Answer: d) Article 19
What is the maximum period for which Parliament can extend a proclamation of Emergency?
a) 3 months
b) 6 months
c) 1 year
d) Indefinitely with Parliamentary approval every 6 months Answer: d) Indefinitely with Parliamentary approval every 6 months
The term "armed rebellion" was substituted for "internal disturbance" in Article 352 by which amendment?
a) 42nd Amendment
b) 44th Amendment
c) 52nd Amendment
d) 62nd Amendment Answer: b) 44th Amendment
During a financial emergency, the President can:
a) Alter distribution of finances between Union and States
b) Reduce salaries of government employees
c) Suspend financial autonomy of states
d) All of the above Answer: d) All of the above
Which Article provides for the proclamation of an Emergency in India?
a) Article 350
b) Article 356
c) Article 352
d) Article 360 Answer: c) Article 352
Schedules
How many Schedules were originally present in the Constitution of India?
a) 6
b) 8
c) 10
d) 12 Answer: a) 6
The Tenth Schedule of the Indian Constitution deals with:
a) Anti-defection law
b) Union Territories
c) Panchayati Raj
d) Allocation of Rajya Sabha seats Answer: a) Anti-defection law
Which Schedule lists the official languages of India?
a) Seventh Schedule
b) Eighth Schedule
c) Ninth Schedule
d) Eleventh Schedule Answer: b) Eighth Schedule
The allocation of powers between the Union and States is contained in:
a) Seventh Schedule
b) Eighth Schedule
c) Ninth Schedule
d) Twelfth Schedule Answer: a) Seventh Schedule
The Fifth Schedule deals with:
a) Scheduled Tribes in Tribal Areas
b) Land Reforms
c) Panchayati Raj
d) Special Provisions for North-Eastern States Answer: a) Scheduled Tribes in Tribal Areas
Citizenship
Citizenship is covered under which part of the Indian Constitution?
a) Part II
b) Part III
c) Part IV
d) Part V Answer: a) Part II
Indian citizenship can be acquired by:
a) Birth
b) Descent
c) Naturalization
d) All of the above Answer: d) All of the above
Article 6 deals with the citizenship of persons who migrated to India from:
a) Pakistan
b) Nepal
c) Bangladesh
d) Sri Lanka Answer: a) Pakistan
Loss of Indian citizenship is covered under:
a) Article 8
b) Article 9
c) Article 10
d) Article 11 Answer: b) Article 9
The Citizenship Act of 1955 provides how many modes for acquiring Indian citizenship?
a) 4
b) 5
c) 6
d) 7 Answer: c) 6
Amendments
Which part of the Constitution provides the procedure for amendments?
a) Part XVIII
b) Part XX
c) Part XXI
d) Part XIX Answer: b) Part XX
The first amendment to the Constitution was related to:
a) Abolition of zamindari
b) Fundamental Rights
c) Reservation in education and jobs
d) Freedom of speech and expression Answer: c) Reservation in education and jobs
The 42nd Amendment is also known as:
a) Mini Constitution
b) Fundamental Rights Amendment
c) Panchayati Raj Amendment
d) Emergency Amendment Answer: a) Mini Constitution
The 73rd Amendment added which part to the Constitution?
a) Part IX
b) Part X
c) Part XI
d) Part XII Answer: a) Part IX
The Ninth Schedule was introduced by which amendment?
a) 1st Amendment
b) 7th Amendment
c) 9th Amendment
d) 10th Amendment Answer: a) 1st Amendment
Local Government
Panchayati Raj is established under which part of the Constitution?
a) Part VIII
b) Part IX
c) Part IX-A
d) Part X Answer: b) Part IX
Which Article directs the State to organize village panchayats?
a) Article 40
b) Article 42
c) Article 48
d) Article 50 Answer: a) Article 40
Which part of the Constitution deals with Municipalities?
a) Part IX
b) Part IX-A
c) Part X
d) Part XI Answer: b) Part IX-A
The 11th Schedule deals with:
a) Rural development
b) Municipalities
c) Languages
d) Anti-defection Answer: a) Rural development
The 12th Schedule was added by which amendment?
a) 42nd Amendment
b) 73rd Amendment
c) 74th Amendment
d) 86th Amendment Answer: c) 74th Amendment
Election Commission
The Chief Election Commissioner of India is appointed by:
a) Prime Minister
b) President
c) Parliament
d) Supreme Court Answer: b) President
The tenure of the Chief Election Commissioner is:
a) 4 years
b) 5 years
c) 6 years or until 65 years of age, whichever is earlier
d) No fixed tenure Answer: c) 6 years or until 65 years of age, whichever is earlier
Which Article establishes the Election Commission?
a) Article 320
b) Article 324
c) Article 326
d) Article 329 Answer: b) Article 324
The voting age was reduced from 21 to 18 years by which amendment?
a) 61st Amendment
b) 42nd Amendment
c) 73rd Amendment
d) 86th Amendment Answer: a) 61st Amendment
Anti-defection is covered under:
a) 8th Schedule
b) 10th Schedule
c) 11th Schedule
d) 12th Schedule Answer: b) 10th Schedule
Judiciary
Which Article deals with the appointment of High Court judges?
a) Article 217
b) Article 224
c) Article 226
d) Article 227 Answer: a) Article 217
The retirement age of High Court judges is:
a) 60 years
b) 62 years
c) 65 years
d) 70 years Answer: b) 62 years
Under which Article can the President establish a High Court for a Union Territory?
a) Article 214
b) Article 216
c) Article 241
d) Article 243 Answer: c) Article 241
Which writ ensures personal freedom against unlawful detention?
a) Mandamus
b) Habeas Corpus
c) Certiorari
d) Prohibition Answer: b) Habeas Corpus
The concept of Public Interest Litigation originated in:
a) USA
b) UK
c) Canada
d) Australia Answer: a) USA
Miscellaneous
Which Article defines "law"?
a) Article 12
b) Article 13
c) Article 14
d) Article 15 Answer: b) Article 13
The Consolidated Fund of India is defined under:
a) Article 266
b) Article 267
c) Article 270
d) Article 280 Answer: a) Article 266
Which Article prohibits titles except military and academic distinctions?
a) Article 14
b) Article 16
c) Article 17
d) Article 18 Answer: d) Article 18
The office of the Governor is established under:
a) Article 153
b) Article 154
c) Article 155
d) Article 156 Answer: a) Article 153
The concept of "Equal Protection of Laws" is borrowed from:
a) UK
b) USA
c) Canada
d) Ireland Answer: b) USA
Preamble and Features
What is the significance of the Preamble in the Indian Constitution?
The Preamble serves as the introductory statement of the Indian Constitution. It outlines the philosophy, objectives, and guiding principles that the Constitution seeks to achieve. It declares India to be a Sovereign, Socialist, Secular, and Democratic Republic, emphasizing the values of Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and opportunity), and Fraternity (to promote unity and integrity of the nation). Although the Preamble is not enforceable by law, it provides a framework for interpreting and understanding the intent of the Constitution.
Can the Preamble be amended? If yes, how?
Yes, the Preamble can be amended under Article 368, which outlines the procedure for constitutional amendments. The 42nd Amendment Act of 1976 is the only instance where the Preamble was amended. The words "Socialist," "Secular," and "Integrity" were added to reflect the evolving ideals of the nation. In the Kesavananda Bharati v. State of Kerala case (1973), the Supreme Court held that the Preamble is part of the Constitution and can be amended, but its "basic structure" cannot be altered.
What does the term "Sovereign" signify in the Preamble?
The term "Sovereign" indicates that India is an independent and self-governing nation, free from external control. It signifies India's right to make decisions in domestic and international affairs without interference from any foreign authority. For example, India can sign treaties, engage in diplomatic relations, and determine its economic policies as an independent entity.
Fundamental Rights
What are Fundamental Rights, and why are they important?
Fundamental Rights, listed in Part III of the Constitution (Articles 12–35), are the basic rights guaranteed to individuals to protect their dignity, freedom, and equality. These rights are essential for the development of individuals and the preservation of democracy. Fundamental Rights are enforceable by courts, and the judiciary ensures their protection. They are crucial for:
Preventing arbitrary actions by the State.
Promoting individual and social welfare.
Ensuring equality and freedom in a democratic society.
What is the scope of Article 21 (Right to Life and Personal Liberty)?
Article 21 states that no person shall be deprived of life or personal liberty except according to a procedure established by law. The judiciary has interpreted this right expansively to include:
Right to privacy (K.S. Puttaswamy v. Union of India).
Right to a clean environment (Subhash Kumar v. State of Bihar).
Right to education (Mohini Jain v. State of Karnataka).
Right to livelihood (Olga Tellis v. Bombay Municipal Corporation).
What are the writs available under Article 32?
Article 32 empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. The types of writs are:
Habeas Corpus: Protects against unlawful detention.
Mandamus: Directs a public official to perform a duty they are legally bound to do.
Prohibition: Prevents a lower court from exceeding its jurisdiction.
Certiorari: Quashes an illegal order passed by a lower court.
Quo Warranto: Questions the legality of a person holding a public office.
Directive Principles of State Policy (DPSP)
What are Directive Principles of State Policy?
DPSPs, outlined in Part IV (Articles 36-51), are guidelines for the State to achieve social, economic, and political justice. They aim to establish a welfare state and are inspired by the Irish Constitution. Although non-justiciable, they are fundamental in governance and influence policymaking. Examples include Article 39(b) (equal distribution of resources) and Article 45 (early childhood care and education).
How do DPSPs differ from Fundamental Rights?
Nature: Fundamental Rights are justiciable, while DPSPs are non-justiciable.
Purpose: Fundamental Rights ensure individual freedom, while DPSPs promote collective welfare.
Conflict: In cases of conflict, courts generally prioritize Fundamental Rights, but efforts are made to harmonize them (e.g., Minerva Mills v. Union of India).
Fundamental Duties
What are Fundamental Duties, and where are they mentioned?
Fundamental Duties are listed under Article 51A in Part IVA. Introduced by the 42nd Amendment (1976), they outline the moral responsibilities of citizens toward the nation. Examples include respecting the Constitution, safeguarding public property, and promoting harmony. The 86th Amendment added the duty to provide education to children aged 6-14 years.
Are Fundamental Duties enforceable by law?
No, Fundamental Duties are not directly enforceable. However, the State can enforce them through legislation. For instance, laws penalizing damage to public property or ensuring environmental protection align with these duties. Courts may also consider Fundamental Duties in interpreting Fundamental Rights and resolving disputes.
Union and State Legislature
What is the composition of the Indian Parliament?
The Indian Parliament consists of:
Lok Sabha (House of the People): Maximum 552 members, representing constituencies.
Rajya Sabha (Council of States): Maximum 250 members, representing states and Union Territories.
President of India: Integral to the legislative process, as no bill becomes law without presidential assent.
What is the difference between Money Bills and Ordinary Bills?
Money Bills:
Deal exclusively with taxation, borrowing, and expenditure.
Can only be introduced in the Lok Sabha.
Rajya Sabha can only recommend changes, not amend them.
Ordinary Bills:
Can deal with any subject.
Can be introduced in either House.
Both Houses must approve them.
Judiciary
What is the significance of Article 141?
Article 141 states that the law declared by the Supreme Court is binding on all courts in India. This ensures uniformity and consistency in the application of laws and reinforces the role of the Supreme Court as the apex judicial authority.
What is Public Interest Litigation (PIL), and how has it evolved?
PIL is a legal mechanism that allows individuals or organizations to approach the courts for the protection of public interest. Introduced in the late 1970s, it expanded access to justice for disadvantaged groups. Landmark cases like S.P. Gupta v. Union of India established PIL as a tool to ensure accountability and uphold Fundamental Rights.
What is the doctrine of Judicial Review?
Judicial Review empowers the judiciary to examine the constitutionality of legislative and executive actions. It ensures that all actions comply with the Constitution. Judicial Review is a key feature of the basic structure doctrine (Kesavananda Bharati v. State of Kerala).
Emergency Provisions
What are the three types of emergencies provided in the Constitution?
National Emergency (Article 352): Declared during war, external aggression, or armed rebellion.
State Emergency (Article 356): Invoked when a state government cannot function as per the Constitution.
Financial Emergency (Article 360): Declared when India's financial stability is threatened.
What is the impact of a National Emergency on Fundamental Rights?
During a National Emergency:
Fundamental Rights under Article 19 are automatically suspended.
Parliament can legislate on state subjects.
Presidential ordinances can remain in force for an extended period.
Amendment Process
What is the procedure for amending the Constitution?
Simple Majority: Used for changes like renaming states.
Special Majority: Requires two-thirds approval in both Houses.
Special Majority with State Ratification: Used for federal provisions needing ratification by at least half of the states.
What is the doctrine of Basic Structure?
Propounded in Kesavananda Bharati v. State of Kerala (1973), this doctrine states that Parliament cannot amend the Constitution in a way that destroys its "basic structure." Key elements include:
Supremacy of the Constitution.
Judicial Review.
Secularism and Federalism.
Federal Structure
What are the key features of Indian federalism?
Dual government structure (Union and State).
Division of powers through the Seventh Schedule.
Independent judiciary to resolve disputes.
Strong central government with unitary features.
What is the doctrine of Pith and Substance?
The doctrine of Pith and Substance determines the true nature of a law when it appears to conflict with the jurisdictional powers of Union and State. If the "substance" of the law aligns with the correct legislative list, it is considered valid.
Miscellaneous
What is the significance of Article 370?
Article 370 granted special autonomy to Jammu & Kashmir, allowing it to have its own Constitution and laws on all matters except defense, foreign affairs, finance, and communications. It was effectively abrogated in August 2019, integrating J&K fully into India.
What are the provisions of the Tenth Schedule?
The Tenth Schedule, added by the 52nd Amendment, deals with anti-defection. It disqualifies members of Parliament or State Legislatures who defect from their parties, with certain exceptions (e.g., mergers).
What is the role of the Finance Commission?
Constituted under Article 280, the Finance Commission advises on distributing tax revenues between the Union and States, ensuring financial equity and resource allocation.
What is the significance of the 42nd Amendment?
Known as the "Mini-Constitution," the 42nd Amendment (1976) made significant changes, including:
Adding "Socialist," "Secular," and "Integrity" to the Preamble.
Expanding DPSPs.
Strengthening Fundamental Duties.
Conclusion:
Learning constitutional law is a significant step toward achieving success in judiciary exams. The Indian Constitution, with its important principles and evolving interpretations, requires aspirants to go beyond rote learning and focus on complete understanding.
By revisiting the questions and concepts outlined in this blog, candidates can sharpen their legal acumen and answer confidently in the exam. Remember, consistent practice and a deep understanding of the Constitution's provisions are the keys to cracking the judiciary exam. Best of luck with your preparation!
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