Civics Polity · General Awareness

Constitutions and Law

2,792 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

According to the author, the balance between the normal and emergency provisions is palpably destroyed

Directions: Answer the given question based on the following passage:

The most remarkable achievement in post-constitution India is the exercise of the power of the judicial review by the superior courts. So long as this power is wielded by the courts effectively and fearlessly, democracy will remain ensured in India and, with all its shortcomings, the Constitution will survive. The numerous applications for the constitutional writs before the High Courts and the Supreme Court and their results testify to the establishment in India of ‘limited government’, or, ‘the government of laws, not of men’, as they call it in the United States of America. The Supreme Court has well performed its task of protecting the rights of the individual against the executive, against oppressive legislations and even against the Legislature itself, when it becomes overzealous in asserting its privileges not only against the individual citizens but even against the judges.
At the same time, it should be observed that neither the guarantee of the Fundamental Rights nor its adjunct, — Judicial Review, — could have full play during the first quarter of a century of the working of our Constitution owning to their erosion by Proclamations of Emergency over a substantial period of time. It is true that the Emergency provisions are as much a part of the Constitution of India as any other, and that history has proved the need for such powers to meet extraordinary situations, but, broadly speaking, if the application of the Emergency provisions overshadows the other features of the Constitution, the balance between the ‘normal’ and ‘emergency’ provisions is palpably destroyed. Even, apart from Emergency, there has been an astounding erosion of Fundamental Rights owning to multiple amendments of the Constitution.
The means to prevent any such conflict between competing interests is to process all proposals for constitutional amendments through an expert and objective machinery, which would ensure the progressive adaptation of the Constitution to the Copernican changes in the social, economic and political background.

  1. when the Fundamental Rights and Judicial review would not have its full play

  2. when parliament ceases to be functional

  3. when legislature becomes overzealously assertive about its privileges over individual rights

  4. when the application of emergency provisions overshadows other features of the Constitution

  5. when government declares emergency and tramples upon the Fundamental Rights of citizens
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

True. This is the correct answer as author wants to settle. He has no quarrel with emergency provisions, except when these powers tend to alter the basic features of the Constitution.

Multiple choice

By exercising which power can the continuation of democracy in India be ensured?

Directions: Answer the given question based on the following passage:

The most remarkable achievement in post-constitution India is the exercise of the power of the judicial review by the superior courts. So long as this power is wielded by the courts effectively and fearlessly, democracy will remain ensured in India and, with all its shortcomings, the Constitution will survive. The numerous applications for the constitutional writs before the High Courts and the Supreme Court and their results testify to the establishment in India of ‘limited government’, or, ‘the government of laws, not of men’, as they call it in the United States of America. The Supreme Court has well performed its task of protecting the rights of the individual against the executive, against oppressive legislations and even against the Legislature itself, when it becomes overzealous in asserting its privileges not only against the individual citizens but even against the judges.
At the same time, it should be observed that neither the guarantee of the Fundamental Rights nor its adjunct, — Judicial Review, — could have full play during the first quarter of a century of the working of our Constitution owning to their erosion by Proclamations of Emergency over a substantial period of time. It is true that the Emergency provisions are as much a part of the Constitution of India as any other, and that history has proved the need for such powers to meet extraordinary situations, but, broadly speaking, if the application of the Emergency provisions overshadows the other features of the Constitution, the balance between the ‘normal’ and ‘emergency’ provisions is palpably destroyed. Even, apart from Emergency, there has been an astounding erosion of Fundamental Rights owning to multiple amendments of the Constitution.
The means to prevent any such conflict between competing interests is to process all proposals for constitutional amendments through an expert and objective machinery, which would ensure the progressive adaptation of the Constitution to the Copernican changes in the social, economic and political background.

  1. Power to check erosion of the Constitution

  2. Power to protect the rights of individual citizens

  3. Power to keep executive under check

  4. Power of judicial review by superior courts

  5. Power to check multiple amendments of the Constitution.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

It is by effectively and fearlessly exercising the power of judicial review the superior courts can ensure survival of democracy and of the Constitution of India. This is exactly what the author has averred. This is the correct answer.

Multiple choice

Under what article of the constitution of India can the President take over the administration of a State in case its constitutional machinery breaks down?

  1. Article 83

  2. Article 352

  3. Article 356

  4. Article 343
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Article 356 empowers the President to impose President's Rule in a state if the constitutional machinery fails. This is done on the advice of the Governor or on the President's satisfaction and requires approval from Parliament within two months. Article 352 deals with National Emergency, Article 83 with Parliament duration, and Article 343 with official language.

Multiple choice

In the Indian Constitution, cultural and educational rights have been dealt with under the articles

  1. 30 and 31

  2. 29 and 30

  3. 31 and 32

  4. 33 and 34
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Articles 29 and 30 of the Indian Constitution deal with cultural and educational rights. Article 29 protects the interests of minorities regarding their language, script, and culture, while Article 30 gives minorities the right to establish and administer educational institutions of their choice.

Multiple choice

Which Article of the Constitution empowers the Parliament to amend the Constitution?

  1. 343

  2. 368

  3. 358

  4. 370
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Article 368 of the Indian Constitution specifically empowers Parliament to amend the Constitution. This was added by the Constitution (24th Amendment) Act, 1971. Article 343 deals with official language, 358 with emergency provisions, and 370 (now abrogated) gave special status to Jammu & Kashmir.

Multiple choice

The Indian Constitution is:

  1. Rigid

  2. Flexible

  3. Rigid and flexible

  4. None of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The Indian Constitution combines both rigid and flexible elements. While some provisions require special majorities to amend (rigid), others can be changed by simple parliamentary majority (flexible). This hybrid nature allows the constitution to maintain fundamental principles while adapting to changing needs.

Multiple choice

While many participating countries have been able to circumvent its provisions, the original intent of the new amendment was that it was applied equally to all member nations, no matter their economic and political clout.

  1. that it was applied equally to all member nations, no matter their economic and political clout

  2. equal application in all the member nations, irrespective of their economic and political clout

  3. that, political and economic clout notwithstanding, it would apply to all member nations equally

  4. that, political and economic clout notwithstanding, it be applied equally to all member nations

  5. that it should be equally applied to all member nations, no matter their economic and political clout
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Correct. The option removes the error of subjunctive usage by using 'be applied' to suggest intent rather than certainty.

Multiple choice

Which of the following is correct about the preamble to the Constitution of India?

  1. It was adopted after adoption of operative Articles of Constitution.

  2. It envisages that all citizens have fundamental rights.

  3. It seeks to secure good livelihood to all.

  4. It is not a part of the Constitution.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The Preamble to the Constitution of India was adopted on October 17, 1949, which was AFTER the adoption of the operative provisions (Articles) on November 26, 1949. This is a historical fact. Option B is incorrect because the Preamble does not specifically mention fundamental rights - that's in Article 12-35. Option C is wrong because 'good livelihood' is not mentioned; the Preamble speaks of 'social, economic and political justice'. Option D is clearly wrong as the Preamble IS part of the Constitution (Kesavananda Bharati case).

Multiple choice

Which of the following is a Directive Principle of State Policy?

  1. To provide paternity leave

  2. To organize Gram Sabhas

  3. To provide for participation of workers in management of industries

  4. To take steps for separation of judiciary from legislature
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Article 43A of the Constitution directs the State to take steps to secure the participation of workers in the management of industries. This is a Directive Principle of State Policy inserted by the 42nd Amendment Act, 1976. Directive Principles are non-justiciable guidelines for governance.

Multiple choice

Which of the following is a State for the purposes of Article 12?

  1. National Council of Educational Research and Training

  2. Institute of Constitutional and Parliamentary Studies

  3. Indian Oil Corporation

  4. High Court of Delhi
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Article 12 defines 'State' to include government, Parliament, legislatures, and 'all local or other authorities within the territory of India or under the control of the Government of India.' Indian Oil Corporation, being a government company, falls under 'other authorities' and is considered State for enforcing fundamental rights.

Multiple choice

Equal protection of law mentioned under Article 14 of the constitution means that

  1. all are equal in the eyes of law

  2. equals should be treated equally and unequals should not be treated equally

  3. the equal protection of the laws within the <st1:place><st1:placetype>territory</st1:placetype> of <st1:placename>India</st1:placename></st1:place>

  4. no discrimination shall be made on the basis of caste, breed, religion, sex or place of birth
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

the equal protection of the laws within the territory of India