UPSC Law Optional, Paper I and II

Constitutional Law UPSC Law Optional PYQs, Page 4

UPSC Law Optional Constitutional Law previous year questions 84-110 of 194, arranged for doctrine revision, case-law planning, and answer writing.

194 questions84-110 on this page7 pages

Open searchable repository Law Optional notes

Answer-writing coverage

What this archive covers

constitutional structure, fundamental rights, federalism, institutions, amendment, judicial review, and constitutional remedies.

Paper I source PDF Paper II source PDF Related law MCQs

2014Paper IQ3(b)Section A

Question 84

Backward class cannot be identified only and exclusively with-reference to economic criterion. A backward class may, however, be identified on the basic of occupation-cum-income without any reference to caste. There is not constitutional bar in the State categorizing the backward classes as 'backward' and 'more backward'. Do you agree with the statement? Give reasons. 15.

Constitutional Law - General

Source reference: UPSC Law Optional 2014, Paper I, Q3(b), source page 84.

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2014Paper IQ4(a)Section A

Question 85

Define and distinguish between 'Constituent power', 'Amending power' and 'Legislative power'. Give illustrations.

Constitutional and Administrative Law - General

Source reference: UPSC Law Optional 2014, Paper I, Q4(a), source page 84.

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2014Paper IQ4(b)Section A

Question 86

Do you agree with the statement that 'all human rights are fundamental rights protected and recognized under the Constitution of India'? Give reasons.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2014, Paper I, Q4(b), source page 84.

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2014Paper IQ4(c)Section A

Question 87

Enumerate the fundamental duties as provided in the Constitution of India. Also discuss the rationale behind incorporating them in the Constitution.

Constitutional Law - General

Source reference: UPSC Law Optional 2014, Paper I, Q4(c), source page 84.

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2013Paper IQ1(a)Section A

Question 88

Has judiciary been a hindrance or a facilitator in the interpretation of Directive Principles? Examine in the light of various judgments of the Supreme Court? 10.

Constitutional Law - General

Source reference: UPSC Law Optional 2013, Paper I, Q1(a), source page 78.

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2013Paper IQ1(d)Section A

Question 89

Critically examine the constitutional validity of an amendment deleting Article 16(4) and authorizing the State to make job reservation in favour of the backward classes of citizens. 10.

Fundamental Rights and EqualityDemocracy, Elections and Accountability

Source reference: UPSC Law Optional 2013, Paper I, Q1(d), source page 78.

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2013Paper IQ1(e)Section A

Question 90

Doctrine of equality under the Constitution cannot be applied to legitimize an illegal act. Can equality be invoked to justify another wrong? Critically examine with reference to cases. 10.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2013, Paper I, Q1(e), source page 78.

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2013Paper IQ2(b)Section A

Question 91

The Constitution of Indian merely subscribes to three-fold division of gubernatiorial functions and not to the doctrine of separation of powers in its absolute rigidity." Comment. 25.

Constitutional Law - General

Source reference: UPSC Law Optional 2013, Paper I, Q2(b), source page 78.

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2013Paper IQ3(a)Section A

Question 92

The goals specified in the Preamble contain basic structure of our Constitution, which cannot be amended under Article 368. Elaborate in context of leading cases. 25.

Amendment and Basic Structure

Source reference: UPSC Law Optional 2013, Paper I, Q3(a), source page 78.

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2013Paper IQ3(b)Section A

Question 93

What restrictions have been imposed by the Constitutional Amendment (44th) to check misuse of proclamation of emergency? Discuss 25?

Amendment and Basic Structure

Source reference: UPSC Law Optional 2013, Paper I, Q3(b), source page 78.

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2013Paper IQ4(b)Section A

Question 94

Write critical notes on the following: 50 (b) Whether law relating to preventive detention can be challenged for violation of Article 19? 15.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2013, Paper I, Q4(b), source page 78.

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2013Paper IQ5(b)Section B

Question 95

While conclusion a multilateral treaty, a State can make reservation(s) and the other State(s) may accept or reject such reservation(s) without jeopardizing the object and integrity of the treaty. Discuss the need and relevance of reservations in treaty law in the light of above statement. 10.

Democracy, Elections and Accountability

Source reference: UPSC Law Optional 2013, Paper I, Q5(b), source page 78.

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2012Paper IQ1(a)Section A

Question 96

The entries in the legislative lists are not the source of powers for the legislative constituents, but they merely demarcate the fields of legislation. It is now well settled law that these entries are to be construed liberally and widely so as to attain the purpose for which they have been enacted. Narrow interpretation of the entries is likely to defeat their object as it is not always possible to write these entries with such precision that they cover all possible topics and without any overlapping." Critically evaluate the above statement with reference to interpretation of legislative entries contained in Seventh Schedule to the Constitution.

Constitutional Structure and Federalism

Source reference: UPSC Law Optional 2012, Paper I, Q1(a), source page 64.

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2012Paper IQ1(b)Section A

Question 97

Are personal laws 'law' for the purpose for Part III of the Constitution? Discuss with reference to leading case law.

Constitutional Law - General

Source reference: UPSC Law Optional 2012, Paper I, Q1(b), source page 64.

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2012Paper IQ1(c)Section A

Question 98

What is meant by 'individual responsibility and 'collective responsibility' of the Council of Ministers? What would be the consequence of 'individual responsibility' in case a Minister of the Government is found guilty of tort of misfeasance by the Supreme Court of India? Comment.

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2012, Paper I, Q1(c), source page 64.

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2012Paper IQ1(d)Section A

Question 99

What is the justification behind the Pardoning power of the President of India Article 72 of the Constitution? Discuss with reference to Supreme Court case the extent to which the exercise of this power can be subjected to judicial review.

Executive and Constitutional OfficesJudicial Process and Remedies

Source reference: UPSC Law Optional 2012, Paper I, Q1(d), source page 64.

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2012Paper IQ2(a)Section A

Question 100

What do you understand by the term 'Constitutional Conventions'? Are they are relevant in a country like India having a lengthy written constitution with preamble?

Constitutional Law - General

Source reference: UPSC Law Optional 2012, Paper I, Q2(a), source page 66.

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2012Paper IQ3(a)Section A

Question 101

With special reference to the landmark judjements of the Supreme Court of India, discuss the effect of relegation of the right to property from being a fundamental right to a constitutional right. Also suggest the change required to the made in the Land Acquisition Act, 1894. 20.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2012, Paper I, Q3(a), source page 68.

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2012Paper IQ3(c)Section A

Question 102

In there any difference between 'Right to information' and 'Right to be informed'? Do we have any provision in the Constitution in this regard? Discuss with reference to case law.20.

Constitutional Law - General

Source reference: UPSC Law Optional 2012, Paper I, Q3(c), source page 68.

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2011Paper IQ1(a)Section A

Question 103

Constituent power to frame the constitution and the constituent power to amend the constitution have different connotation and scope. Explain.

Constitutional Law - General

Source reference: UPSC Law Optional 2011, Paper I, Q1(a), source page 52.

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2011Paper IQ1(c)Section A

Question 104

Do local bodies enjoy autonomy in performing their role in the field of economic development and social justice? Explain.

Constitutional and Administrative Law - General

Source reference: UPSC Law Optional 2011, Paper I, Q1(c), source page 52.

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2011Paper IQ1(d)Section A

Question 105

The Governor of a State holds office during the 'pleasure' of the President of India. Can he be removed by the President any time without any reason? Examine in the context of the position of the Governor under the Indian Constitution.

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2011, Paper I, Q1(d), source page 52.

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2011Paper IQ3(a)Section A

Question 106

The decision of the Supreme Court of India in ADM, Jabalpur v. S. Shukla, according to Dr. Upendra Baxi, "made the darkness of emergency completely dark". Do you think that the Constitution (44th Amendment) Act 1978 removed this darkness and provided for better protection of the Fundamental Rights? Explain.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2011, Paper I, Q3(a), source page 54.

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2011Paper IQ3(b)Section A

Question 107

Examine whether the Election Commission of India has succeeded in performing the two responsibilities entrusted to it under Article 324 of the Constitution of India. What steps would you suggest to ensure the preparation of correct electoral rolls?

Democracy, Elections and Accountability

Source reference: UPSC Law Optional 2011, Paper I, Q3(b), source page 54.

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2011Paper IQ4(b)Section A

Question 108

Duties of the Prime Minister regarding furnishing of information to the President.

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2011, Paper I, Q4(b), source page 54.

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2010Paper IQ1(a)Section A

Question 109

The fragrance and colour which is enshrined in Article 141 of the constitution of India is destined to uphold the Rule of Law in the interest of justice and people of India." Do you agree? Give reasons.

Constitutional Law - General

Source reference: UPSC Law Optional 2010, Paper I, Q1(a), source page 40.

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2010Paper IQ1(c)Section A

Question 110

While certainty of law is important in India, it cannot be at the cost of justice." Critically examine this statement in the context of 'curative petition' in Indian and also refer relevant case-law.

Judicial Process and Remedies

Source reference: UPSC Law Optional 2010, Paper I, Q1(c), source page 40.

Direct link to this question

What this archive covers

Define and distinguish between 'Constituent power', 'Amending power' and 'Legislative power'. Give illustrations.

Do you agree with the statement that 'all human rights are fundamental rights protected and recognized under the Constitution of India'? Give reasons.

Enumerate the fundamental duties as provided in the Constitution of India. Also discuss the rationale behind incorporating them in the Constitution.

Has judiciary been a hindrance or a facilitator in the interpretation of Directive Principles? Examine in the light of various judgments of the Supreme Court? 10.

Critically examine the constitutional validity of an amendment deleting Article 16(4) and authorizing the State to make job reservation in favour of the backward classes of citizens. 10.

Doctrine of equality under the Constitution cannot be applied to legitimize an illegal act. Can equality be invoked to justify another wrong? Critically examine with reference to cases. 10.

The Constitution of Indian merely subscribes to three-fold division of gubernatiorial functions and not to the doctrine of separation of powers in its absolute rigidity." Comment. 25.

The goals specified in the Preamble contain basic structure of our Constitution, which cannot be amended under Article 368. Elaborate in context of leading cases. 25.

What restrictions have been imposed by the Constitutional Amendment (44th) to check misuse of proclamation of emergency? Discuss 25?

Write critical notes on the following: 50 (b) Whether law relating to preventive detention can be challenged for violation of Article 19? 15.

While conclusion a multilateral treaty, a State can make reservation(s) and the other State(s) may accept or reject such reservation(s) without jeopardizing the object and integrity of the treaty. Discuss the need and relevance of reservations in treaty law in the light of above statement. 10.

Are personal laws 'law' for the purpose for Part III of the Constitution? Discuss with reference to leading case law.

What is meant by 'individual responsibility and 'collective responsibility' of the Council of Ministers? What would be the consequence of 'individual responsibility' in case a Minister of the Government is found guilty of tort of misfeasance by the Supreme Court of India? Comment.

What is the justification behind the Pardoning power of the President of India Article 72 of the Constitution? Discuss with reference to Supreme Court case the extent to which the exercise of this power can be subjected to judicial review.

What do you understand by the term 'Constitutional Conventions'? Are they are relevant in a country like India having a lengthy written constitution with preamble?

With special reference to the landmark judjements of the Supreme Court of India, discuss the effect of relegation of the right to property from being a fundamental right to a constitutional right. Also suggest the change required to the made in the Land Acquisition Act, 1894. 20.

In there any difference between 'Right to information' and 'Right to be informed'? Do we have any provision in the Constitution in this regard? Discuss with reference to case law.20.

Constituent power to frame the constitution and the constituent power to amend the constitution have different connotation and scope. Explain.

Do local bodies enjoy autonomy in performing their role in the field of economic development and social justice? Explain.

The Governor of a State holds office during the 'pleasure' of the President of India. Can he be removed by the President any time without any reason? Examine in the context of the position of the Governor under the Indian Constitution.

Examine whether the Election Commission of India has succeeded in performing the two responsibilities entrusted to it under Article 324 of the Constitution of India. What steps would you suggest to ensure the preparation of correct electoral rolls?

Duties of the Prime Minister regarding furnishing of information to the President.

The fragrance and colour which is enshrined in Article 141 of the constitution of India is destined to uphold the Rule of Law in the interest of justice and people of India." Do you agree? Give reasons.

While certainty of law is important in India, it cannot be at the cost of justice." Critically examine this statement in the context of 'curative petition' in Indian and also refer relevant case-law.

Other Law Optional subjects