Constitutional Law MCQ Quiz - Objective Question with Answer for Constitutional Law - Download Free PDF

The correct answer is The Union of India

Key Points

• In any civil suit filed against the Central Government, the appropriate defendant to be named is "The Union of India" — not any individual authority.
• This is in accordance with Section 79 of the Code of Civil Procedure (CPC), 1908, which provides:
• "In a suit by or against the Government, the authority to be named as plaintiff or defendant shall be—
• (a) in the case of the Central Government, the Union of India."
• The Union of India represents the government in a legal capacity and is the legal entity that can sue or be sued.

Additional Information

• The President – President is the nominal executive head, not the legal representative in court.
• The Prime Minister – PM is a political executive, not the legal authority to be sued.
• The Minister of concerned department –  A minister is not sued in personal capacity for government acts.

The correct answer is Proclamation of Emergency

Key Points

• Article 352 of the Indian Constitution deals with National Emergency.
• It can be proclaimed by the President when:
  • There is a grave threat to the security of India or any part thereof due to war, external aggression, or armed rebellion.
• Originally, the term used was “internal disturbance”, which was changed to “armed rebellion” by the 44th Amendment Act, 1978.
  • During such an emergency:
  • Centre’s power over states increases.
  • Fundamental Rights under Article 19 are suspended.
  • Parliament can make laws on subjects in the State List.

Additional Information

• Election Commission – Dealt with in Article 324.
• Finance Commission – Provided under Article 280.
• Union Public Service Commission (UPSC) – Covered under Articles 315 to 323.

The correct answer is Article 124(4)

Key Points

• Article 124(4) of the Indian Constitution lays down the procedure for the removal (impeachment) of a Supreme Court Judge.
• A judge can be removed only:
  • By the President,
  • On a motion passed by Parliament,
  • On proven misbehaviour or incapacity.
• The motion must be:
  • Supported by a special majority in both Houses of Parliament.
  • Based on the procedure detailed in the Judges (Inquiry) Act, 1968.

Additional Information

• Article 126 – Deals with appointment of acting Chief Justice.
• Article 127 – Relates to the appointment of ad hoc judges in the Supreme Court.
• Article 124(6) – Provides for the oath or affirmation by Supreme Court Judges, not removal.

The correct answer is Speaker of Lok Sabha

Key Points

• Article 108 of the Indian Constitution deals with the joint sitting of both Houses (Lok Sabha and Rajya Sabha) to resolve a deadlock over a bill.
• Such a sitting is presided over by the Speaker of the Lok Sabha.
• If the Speaker is absent, then the Deputy Speaker of Lok Sabha presides.
• If both are absent, then the Deputy Chairman of Rajya Sabha may preside — but not the Chairman (i.e., Vice President).

Additional Information

• President of India – Can summon the joint sitting but does not preside over it.
• Chairman of Rajya Sabha (Vice President) – Cannot preside over a joint sitting.
• None of the above – Incorrect, as the Speaker of Lok Sabha does preside.

The correct answer is Backward Classes Commission

Key Points

• Article 340 empowers the President of India to:
  • Appoint a Commission to investigate the conditions of socially and educationally backward classes.
• The Commission's duties include:
  • Examining the factors responsible for backwardness.
  • Recommending steps/measures for their advancement.
  • Suggesting changes to existing laws or policies.
• Example: The First Backward Classes Commission (Kaka Kalelkar Commission) was constituted in 1953 under this Article.

Additional Information

• Election Commission – Dealt with under Article 324.
• Union Public Service Commission – Covered under Articles 315 to 323.
• Finance Commission – Provided under Article 280.

The correct answer is War or external aggression.

• According to Article 358, when a Proclamation of National Emergency is made, the six Fundamental Rights under Article 19 are automatically suspended.
• No separate order for their suspension is required.
• The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways.
• Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion.
• Under Article 359, the President is authorized to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.

Key Points

• The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order.
• The suspension could be for the period during the operation of an emergency or for a shorter period.
• The Order should be laid before each House of Parliament for approval. 
• The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Articles 20 and 21.

The correct answer is Equality.

Key Points

• Fundamental Rights are mentioned in Part III of the Indian Constitution, from Article 12 to Article 35.
• They are fundamental in nature because they are most essential for the overall development of an individual (like material, intellectual, moral, and spiritual).
• Right to equality is mentioned from Article 14 to Article 18.

Additional Information

• Right to Equality:
  • Article 14 - Equality before law.
  • Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 16 - Equality of opportunity in matters of public employment.
  • Article 17 - Abolition of Untouchability.
  • Article 18 - Abolition of titles (except military and educational). 

The correct answer is Option 3

Key Points

•  The Supreme Court passed a landmark judgment in the NALSA versus Union of India case in February 2014.
• This landmark judgment recognized transgender individuals as the 'third gender' and upheld their right to be treated with the same fundamental rights as guaranteed by the Constitution of India. 
• The Court declared that it is the right of all persons to self-identify their gender. It also declared that transgenders and eunuchs could legally identify as “Third Gender.”
• The court said that gender identity did not refer to biological characteristics but referred to it as “an innate perception of one’s gender.”
• The court held that no third-gender persons should be subjected to any biological or medical examination which would invade their right to privacy.
• The Court interpreted ‘dignity’ under Article 21 of the Constitution to include diversity in self-expression, which allowed a person to lead a dignified life. It placed one’s gender identity within the framework of the fundamental right to dignity under Article 21.
• Further, it noted that the right to equality (Article 14 of the Constitution) and freedom of expression (Article 19(1)(a)) was framed in gender-neutral terms (‘all persons’). Consequently, the right to equality and freedom of expression would extend to transgender persons.
• It is expressly prohibited to discriminate based on a person’s ‘sex’ in Article 15 and Article 16. Court held that ‘sex’ does not only refer to biological characteristics (such as chromosomes, genital features, and secondary sexual characteristics) but also to ‘gender’ (based on self-perception). As a result, the Court held that discrimination based on ‘sex’ included discrimination based on gender identity.
• Therefore, the Court held that transgender people have fundamental rights under Articles 14, 15, 16, 19(1)(a) and 21 of the Constitution. To recognize the rights of transgender persons, the Court also referred to core international human rights treaties and the Yogyakarta Principles.

Additional Information

•  The Parliament passed the Transgender Persons (Protection of Rights) Bill, in 2019.
• Who is a Transgender?
• According to the Act transgender means a person whose gender does not match with the gender assigned to that person at birth.
• It includes trans-person with intersex variations, gender-queer and person having such socio-cultural identities as kinnar, hijra, aaravani and jogta.
• India’s 2011 Census was the first census in its history to incorporate the number of ‘trans’ population of the country. The report estimated that 4.8 million Indians identified as transgender.

Fundamental rights are the rights that grant individuals equality in every aspect irrespective of race, color, caste, religion, birthplace, or gender.

• These rights are mentioned under Articles 12 to 35 of the Indian Constitution.
• There are pre-defined punishments in case of violation of these rights at the discretion of the judiciary.

Important Points

• The Constitution of India provides for six Fundamental Rights:
  • Right to equality (Articles 14–18)
  • Right to freedom (Articles 19–22)
  • Right against exploitation (Articles 23–24)
  • Right to freedom of religion (Articles 25–28)
  • Cultural and educational rights (Articles 29–30)
  • Right to constitutional remedies (Article 32)
• Right to Constitutional Remedies is one of the fundamental rights of the constitution of India.
  • It gives an individual the right to judicial remedies in case of infringement.
  • The constitution has given legal sanctions to each and every individual to sought the court to protect their fundamental rights.
  • The Supreme Court and the High Court have the power for the enforcement of Fundamental Rights.

Hence, we can conclude that the Right to Constitutional Remedies is a fundamental right.

The correct answer is Article 21A.

Key Points

• Article 21A provides the 'Right to Education.
• It makes free and compulsory education to each and every child of age between 6 to 14 years.
• It was added on 86th Amendment 2002.
• The right to education become a fundamental right in April 2010.

Additional Information

• Part III of the constitution consists of the Fundamental Rights of the citizen.
• It was taken from the USA.
• Fundamental rights are described from Articles 12 to 35.

The correct answer is Inheriting parental property by the children.

Key Points

• Inheriting parental property by the children is not a fundamental right.
• While employment all over India, to propagate your religion, and equal pay for equal work are fundamental rights.

Additional Information

• Six fundamental rights are recognized by the Indian constitution.
• Under Part-III (article 12 - 35) of the constitution, every citizen has provided 6 fundamental rights.
• A total of seven rights were originally provided by the Constitution.
• 44th amendment (1978 A.D.) removed the right to property and made a legal right (300A).
• The fundamental rights secure the natural rights of all citizens and it was taken from the constitution of the U.S.A.

The correct answer is A and C.

• Adarsh Housing scam:
  • The Adarsh Housing Society, a 31-storey building in Colaba, Mumbai, which was supposed to be a six-storey structure only to house war widows and heroes of the 1999 Kargil War.
  • This came to know after RTI file by activists Simpreet Singh and Yogacharya Anandji.
• Coal blocks scam:

  • In a Right to Information (RTI) the coal ministry had said that the files relating to all coal block allocations from 1994-2012 were with the Central Bureau of Investigation (CBI). The ministry's reply to the RTI query filed by NGO Greenpeace, the government has been saying that some of the files before 2004 went missing.

  • In this many coal blocks were allocated to illegal firms.

Additional Information

• The Right To Information (RTI) Act came into effect in the year 2005.
• Only citizens of India have the right to seek information under the provisions of Right to Information Act, 2005.
• Subject to the provisions of the Act, the citizens of India could file the online application under the RTI Act, 2005.
• Non-Resident Indians can file Right to Information (RTI) applications to seek governance-related information from the Central government departments.

The correct answer is Writ.

• Article 32 of the Indian Constitution give every citizen right against violation of fundamental rights.
• Under Article 32, SC can issue writs to ensure the protection of fundamental rights.
• Under Article 226, HC can issue writs to ensure the protection of fundamental rights.
• Article 32 is referred to as Soul of the Constitution.

Additional Information

Types of Writs:

The correct answer is 2009.

• The Right of Children to Free and Compulsory Education Act commonly known as The Right to Education Act (RTE) was passed by the Parliament in August 2009.

Important Points

• The Act came into force in 2010 resulting in India becoming one among 135 countries where education is a fundamental right of every child.
• It enforces Education as a Fundamental Right under Article 21-A and aims to provide free and compulsory education to all children aged 6 to 14 years in such a manner as the state may determine.
• The above provision was added by the 86th constitutional amendment act of 2002 which aims to 'Education for All'.

The correct answer is France.

• The Indian Preamble borrowed its ideals of Liberty, Equality, and Fraternity from the French Constitution.
  • The Indian state came to be recognized as the ‘Republic of India’ in the lineage of the Constitution of France.

Additional Information

• The Constitution of India is the backbone of democracy in our country.
  • It is an umbrella of rights that gives the citizens an assurance of a free and fair society.
  • The Constituent Assembly adopted the Constitution on 26th November 1949 and it came into effect on 26th of January 1950.
  • The Constitution of 1950 was a by-product of the legacy started by the Government of India Act 1935.
  • This was the longest act passed by the British government with 321 sections and 10 schedules.
  • This act had drawn its content from four sources – Report of the Simon Commission, discussions and deliberations at the Third Round Table Conference, the White Paper of 1933, and the reports of the Joint select committees.