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Question 1 of 5
1. Question
1 pointsThe Preamble is used by the Courts in constitutional interpretation because
1. It contains the objective and philosophy of the Constitution makers.
2. It is the source of all constitutional powers and limitations on authority of the government.
Which of the above statements is/are correct?Correct
The Preamble of the Constitution like the preamble of any statute furnish the key to open the mind of the makers of the Constitution more so because the Constituent Assembly took great pains in formulating it so that it may reflect the essential features and basic objectives of the Constitution.
The Preamble does not grant any power but it gives direction and purpose to the Constitution. It outlines the objective of the whole Constitution. The Preamble contains the fundamentals of constitution. It serves several important purposes like
• It contains the enacting clause which brings the Constitution into force.
• It declares the basic type of government and polity which is sought to be established in the country.
• It declares the great rights and freedom which the people of India intended to secure to its entire citizen.Incorrect
The Preamble of the Constitution like the preamble of any statute furnish the key to open the mind of the makers of the Constitution more so because the Constituent Assembly took great pains in formulating it so that it may reflect the essential features and basic objectives of the Constitution.
The Preamble does not grant any power but it gives direction and purpose to the Constitution. It outlines the objective of the whole Constitution. The Preamble contains the fundamentals of constitution. It serves several important purposes like
• It contains the enacting clause which brings the Constitution into force.
• It declares the basic type of government and polity which is sought to be established in the country.
• It declares the great rights and freedom which the people of India intended to secure to its entire citizen. -
Question 2 of 5
2. Question
1 pointsConsider the following statements regarding Right to Property.
1. Forcible dispossession of a person of his private property without due process of law is a human right violation.
2. The State is permitted to perfect its title over the land by invoking the doctrine of adverse possession to acquire the property of its own citizens.
Which of the above statements is/are correct?Correct
A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment.
The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said.
The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens.
Under “doctrine of adverse possession”, a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse against him.Incorrect
A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment.
The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said.
The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens.
Under “doctrine of adverse possession”, a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse against him. -
Question 3 of 5
3. Question
1 pointsConsider the following statements.
1. The Constitution of India does not define the term minority.
2. As per notification of the Government of India, there are 6 notified linguistic minority communities in India till date.
3. Minority Educational Institutions are out of purview of reservation policy under Article 15 of the Constitution.
How many of the above statements is/are correct?Correct
1 and 3 are correct.
The Constitution of India does not define the term minority. The National Commission for Minority Educational Institutions (NCMEI) Act defines minority means a community notified as such by the Central Government. As per notification of the Government of India, there are 6 notified religious minority communities – Muslim, Sikh, Christian, Buddhist, Parsis and Jain.
No linguistic minority has been notified by the Central Government till date. Thus, linguistic minorities are outside the purview of the NCMEI. Minority Educational Institutions are out of purview of reservation policy under Article 15.Incorrect
1 and 3 are correct.
The Constitution of India does not define the term minority. The National Commission for Minority Educational Institutions (NCMEI) Act defines minority means a community notified as such by the Central Government. As per notification of the Government of India, there are 6 notified religious minority communities – Muslim, Sikh, Christian, Buddhist, Parsis and Jain.
No linguistic minority has been notified by the Central Government till date. Thus, linguistic minorities are outside the purview of the NCMEI. Minority Educational Institutions are out of purview of reservation policy under Article 15. -
Question 4 of 5
4. Question
1 pointsThe Constitution lays down which of the following qualifications for a person to be chosen a member of the state legislature
1. He must be a citizen of India.
2. He must be not less than 25 years of age in the case of the legislative council and legislative assembly.
3. He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission.
4. A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
Select the correct answer codeCorrect
The Constitution lays down the following qualifications for a person to be chosen a member of the state legislature.
(a) He must be a citizen of India.
(b) He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission for this purpose. In his oath or affirmation, he swears
(i) To bear true faith and allegiance to the Constitution of India
(ii) To uphold the sovereignty and integrity of India
(c) He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly.
(d) He must posses other qualifications prescribed by Parliament.
Accordingly, the Parliament has laid down the following additional qualifications in the Representation of People Act (1951):
(a) A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state.
(b) A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
(c) He must be a member of a scheduled caste or scheduled tribe if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.Incorrect
The Constitution lays down the following qualifications for a person to be chosen a member of the state legislature.
(a) He must be a citizen of India.
(b) He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission for this purpose. In his oath or affirmation, he swears
(i) To bear true faith and allegiance to the Constitution of India
(ii) To uphold the sovereignty and integrity of India
(c) He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly.
(d) He must posses other qualifications prescribed by Parliament.
Accordingly, the Parliament has laid down the following additional qualifications in the Representation of People Act (1951):
(a) A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state.
(b) A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
(c) He must be a member of a scheduled caste or scheduled tribe if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them. -
Question 5 of 5
5. Question
1 pointsConsider the following statements regarding mandamus.
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1. In India, the Supreme Court and High courts can issue prerogative writs under Article 32 of the Constitution.
2. The writ of mandamus cannot be issued unless the legal duty is of public nature, and to whose
performance the applicant of the writ has a legal right.
3. Mandamus cannot be granted against the President or Governor of a State.
Which of the above statements is/are correct?Correct
The Supreme Court has ruled that reservation in the matter of promotions in public posts is not a fundamental right, and a state cannot be compelled to offer the quota if it chooses not to.
“There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the court directing state governments to provide reservations,”
Mandamus is among the “prerogative writs” in English common law — meaning the extraordinary writs or orders granted by the Sovereign when ordinary legal remedies are inadequate. These are habeas corpus, mandamus, prohibition, certiorari, and quo warranto.Incorrect
The Supreme Court has ruled that reservation in the matter of promotions in public posts is not a fundamental right, and a state cannot be compelled to offer the quota if it chooses not to.
“There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the court directing state governments to provide reservations,”
Mandamus is among the “prerogative writs” in English common law — meaning the extraordinary writs or orders granted by the Sovereign when ordinary legal remedies are inadequate. These are habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
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