Civics Polity · General Awareness

Constitutions and Law

2,587 Questions

Constitutions and Law questions cover fundamental rights, the preamble, critical articles, and amendments from the Indian and United States constitutions. This topic is indispensable for UPSC, state PSC, and SSC exams. Practicing these questions ensures a solid understanding of political frameworks and legal provisions.

Indian Constitution articlesFundamental rights and dutiesConstitutional amendmentsPreamble featuresUS Constitution principles

Constitutions and Law Questions

Multiple choice

Territory of India as enshrined in the Indian Constitution consists of:

  1. States
  2. Union Territories
  3. Other territories acquired by India

  1. Only 1

  2. Only 1 and 2

  3. Only 1 and 3

  4. 1, 2 and 3
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Concept based question. Here a student needs to understand the difference between Union of India and Territory of India. While the former includes only the states that share federal powers with the centre, the latter includes the entire territory over which the sovereignty of the country is expressed.

Multiple choice

Which of the following statements is/are true?

  1. Articles 2, 3 and 4 demonstrate the flexibility of the Indian constitution.
  2. The Indian Parliament may form a new state or alter the boundaries of the existing states by a simple majority and by ordinary legislative process.

  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Article 3 of the Indian constitution, the Parliament can alter the boundaries of any state or change its name. For this process, the Parliament does not require consent of the state. Besides, Articles 2, 3 and 4 of Part I of the Indian constitution deal with the relation between the Union and its territory. This relation is very flexible and biased towards the Union.

Multiple choice

Which among the following is true about the proposed amendment of Art 356?

  1. It should ensure that Art 356 is used as the last resort.
  2. The proposed amendment will be the first step to check the misuse of the Art 356.
  3. There has been a broad consensus regarding amendment of Art 356.
  4. The proposed amendment will try to minimize the chances of the misuse of Art 356.

Directions: Read the following passage and then answer the question that follows:

PASSAGE – III

The broad consensus that emerged at the Inter-State Council meeting over what is arguably the Constitution's most contentious provision — Article 356 — is a most welcome thing. The spirit of cooperative federalism has raised the hope of a constitutional amendment that will build safeguards into this emergency provision to prevent its misuse. Article 356 gives the Centre the power to take over the functions of a State Government in the event of a failure of the constitutional machinery in that State. However, the history of its use clearly reveals that it was invoked more often to fix politically inconvenient State Governments, precipitate fresh elections and for other reasons that have no relevance to the purpose of the Article.

In recent years, the judgment in the Bommai case has served as a salutary check — and indeed bar — against such misuse. The Court's ruling that the Centre cannot dissolve State legislatures unless the proclamation under Article 356 (1) is approved by the Lok Sabha and the Rajya Sabha has served as an effective restraint during a period when no party or combination of parties has enjoyed a majority in both Houses of Parliament. This pronouncement has deterred the use of the Article for narrow, political ends. Between 1950 and 1994, when the Bommai judgment was delivered, Article 356 was used on more than 90 occasions. In many cases, State Governments were dismissed even when they enjoyed a majority in the Assembly and in other cases, without being given an opportunity to prove their strength on the floor of the House.

Among other things, such an amendment must ensure that, if used at all, the recourse to Article 356 must be a last resort — one that is embraced after exhausting the options provided by other Articles in the Constitution such as 256, 257 and, more importantly, 355. The suggestion that the Governor's report recommending President's Rule should be in the nature of a speaking order is virtually identical to the recommendation made by the NCRWC. This was that such a report should contain a precise and clear statement of all the material facts and grounds, on the basis of which the President may satisfy himself as to the existence or otherwise of the situation contemplated in Article 356. Like some other emergency provisions in the Constitution, Article 356 was introduced as an extraordinary safeguard, not something that is invoked in non-extreme circumstances. During the Constituent Assembly debates, Dr. B.R. Ambedkar even hoped it would be a dead letter, something that would never be called into operation. The purpose of the proposed constitutional amendment should be to ensure that this democratic vision of cooperative federalism comes true, however late in the day.

 

  1. 1, 2, and 3 only

  2. 2, 3, and 4 only

  3. 1, 3, and 4 only

  4. 1, 2, and 4 only

  5. All of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

It is no where mentioned in the passage that it is the first attempt to check the misuse of Art 356. So we cannot infer statement 2

Multiple choice

The provisions regarding creation of new states are carried in

  1. Part I of the Indian Constitution

  2. Part II of the Indian Constitution

  3. Part III of the Indian Constitution

  4. Part IV of the Indian Constitution
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The provisions regarding the creation of new states are contained in Part I of the Indian Constitution. Specifically, Article 3 in Part I deals with the formation of new states and alteration of existing state boundaries, giving Parliament the authority to reorganize states through ordinary law. Parts II, III, and IV deal with citizenship, fundamental rights, and directive principles respectively.

Multiple choice

According to Article 1 of the Indian Constitution, the territory of India cannot be classified into

  1. territories of India

  2. union territories

  3. federation states

  4. territories that may be acquired by the government at any time

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Article 1 of the Constitution declares 'India, that is Bharat, shall be a Union of States' - explicitly avoiding the term 'federation'. The Constitution establishes a Union with a strong center, not a loose federation. States can be created/organized (Article 3), and territories include states, UTs, and acquirable territories. 'Federation states' is not a constitutional classification.

Multiple choice

The concept of the ‘basic structure’ of the Constitution originated from the

  1. Golaknath case

  2. Keshvananda Bharti case

  3. Minnerva Mills case

  4. Shah Bano case
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The Supreme Court recognized ‘basic structure’ concept for the first time in the historic Kesavananda Bharati[6] case in 1973. Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by parliament. In this case validity of the 25th Amendment Act was challenged along with the Twenty-fourth and Twenty-ninth Amendments.

Multiple choice

The provisions for allocation of seats in the Rajya Sabha to the states and union territories are carried in the

  1. Third Schedule of the Indian Constitution

  2. Fourth Schedule of the Indian Constitution

  3. Fifth Schedule of the Indian Constitution

  4. Ninth Schedule of the Indian Constitution
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each State. Consequent on the reorganization of States and formation of new States, the number of elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time to time since 1952.

Multiple choice

Which of the following is not provided by the Indian constitution?

  1. Presence of nominal and real executives

  2. Collective responsibility of the executive to the legislature

  3. Membership of the ministers in the legislatures

  4. Dissolution of the Upper House
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The Lower House or the Lok Sabha can be dissolved, but the Upper House or the Rajya Sabha is a permanent body.

Multiple choice

Which part of the Indian constitution carries “Emergency Provisions”?

  1. Part XX

  2. Part XVIII

  3. Part XXI

  4. Part XVI
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Emergency Provisions are contained in Part XVIII (Articles 352-360) of the Indian Constitution. These provisions allow the President to declare emergencies (national, state, or financial) during extraordinary circumstances. Part XX is on Amendment, Part XXI on Temporary/Transitional Provisions, and Part XVI on Special Provisions for SC/ST/OBC.

Multiple choice

In the Indian constitution, the expression “Proclamation of Emergency” refers to

  1. National Emergency under Article 352

  2. President Rule under Article 356

  3. Financial Emergency under Article 360

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

In the Indian constitution, the expression “Proclamation of Emergency” refers to National Emergency under Article 352,President Rule under Article 356 and Financial Emergency under Article 360

Multiple choice

On which of the following grounds can the President of India, under Article 352, proclaim emergency?

  1. War
  2. Internal disturbance
  3. Armed rebellion
  4. External aggression
  5. Imminent danger

  1. Only 1, 3 and 4

  2. Only 1, 2 and 4

  3. Only 1, 3, 4 and 5

  4. Only 1, 2, 3 and 5
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Article 352 of the Indian Constitution, the President can issue different proclamations of emergency on the grounds of war, external aggression, armed rebellion or imminent danger. The 44th Amendment substituted the words “internal disturbance” with “armed rebellion”.

Multiple choice

Consider the following statements:

  1. The Indian Constitution is largely a borrowed Constitution.
  2. Emergency provisions in the Indian Constitution have been borrowed from the Weimar Constitution of Germany.

Which of the statements given is/are correct?

  1. Only 1

  2. Only 2

  3. Both of these

  4. Neither of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Statement 1 is correct. The Indian Constitution has borrowed various provisions from different sources. That is why it is one of the lengthiest and most comprehensive constitutions of the world. Statement 2 is incorrect. Emergency provisions in the Indian Constitution have been borrowed from the Government of India Act of 1935. Provisions for suspension of Fundamental Rights during Emergency have been borrowed from the Weimar Constitution of Germany.