UPSC Law Optional, Paper I and II

Constitutional Law UPSC Law Optional PYQs, Page 5

UPSC Law Optional Constitutional Law previous year questions 111-138 of 194, arranged for doctrine revision, case-law planning, and answer writing.

194 questions111-138 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

2010Paper IQ2(a)Section A

Question 111

New frontiers of criminal justice have been spelled out from Article 21 of the Constitution, which provides that no person shall be deprived of his right to life and personal liberty except according to procedure established by law. Discuss and refer to decided cases.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2010, Paper I, Q2(a), source page 40.

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2010Paper IQ3(b)Section A

Question 112

In recent times the role of governor in the appointment and dismissal of Chief Minister has been impugned and it is said that the Court has assumed the role of the Governor and the Speaker comment. Refer to recent cases where the Supreme Court has directed to take composite floor test and report to the Court.

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2010, Paper I, Q3(b), source page 42.

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2010Paper IQ4(a)Section A

Question 113

Write critical notes on the follow (a) "The power to destroy the constitution is not included in the power to amend the Constitution.

Constitutional Law - General

Source reference: UPSC Law Optional 2010, Paper I, Q4(a), source page 42.

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2010Paper IQ4(b)Section A

Question 114

Write critical notes on the follow (b) "The power to destroy the constitution is not included in the power and amend the Constitution.".

Constitutional Law - General

Source reference: UPSC Law Optional 2010, Paper I, Q4(b), source page 42.

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2009Paper IQ1(a)Section A

Question 115

Differentiate between 'Federal Constitution' and 'Federal Government'. Based on judicial pronouncements and your perception of the working of our Constitution, comment on whether India has a Federal Government or a Federal Constitution.

Federal ConstitutionFederal GovernmentConstitutional Law

Source reference: UPSC Law Optional 2009, Paper I, Q1(a), source page 28.

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2009Paper IQ1(c)Section A

Question 116

Define and distinguish between 'formal equality' and 'substantive equality' as interpreted by the Apex Court of the country.

EqualityFormal EqualitySubstantive EqualityFundamental Rights

Source reference: UPSC Law Optional 2009, Paper I, Q1(c), source page 28.

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2009Paper IQ1(d)Section A

Question 117

How would you judge the constitutional validity of an Amendment giving primacy to the executive in the matter of appointment of the judges of the Supreme Court and High Courts?

Judicial AppointmentsConstitutional AmendmentSeparation of Powers

Source reference: UPSC Law Optional 2009, Paper I, Q1(d), source page 28.

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2009Paper IQ2(b)Section A

Question 118

'The term 'freedom of speech and expression' in Article 19(1)(a) has been held to include the right to acquire information and disseminate the same.' Elucidate the import of this statement in the context of media industry. Is the right to paint or sing or dance covered by Article 19(1)(a) of the Indian Constitution or not?

Freedom of SpeechArticle 19MediaFundamental Rights

Source reference: UPSC Law Optional 2009, Paper I, Q2(b), source page 30.

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2009Paper IQ3(a)Section A

Question 119

'The Directive Principles which have been declared to be 'fundamental' in the governance of the country cannot be isolated from Fundamental Rights.' Explain critically. Also throw light with reference to recent judgments on the Supreme Court's view as regards the interplay of Directive Principles and Fundamental Rights.

Directive PrinciplesFundamental RightsConstitutional Law

Source reference: UPSC Law Optional 2009, Paper I, Q3(a), source page 30.

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2009Paper IQ3(b)Section A

Question 120

Spell out the object and reasons of Part IV A of the Constitution of India. Do you support this addition to the Constitution of India? Give reasons and also suggest some effective measures to make these provisions more realistic and operational.

Fundamental DutiesPart IVAConstitutional Law

Source reference: UPSC Law Optional 2009, Paper I, Q3(b), source page 30.

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2009Paper IQ4(a)Section A

Question 121

Scope of the Right with regard to self-incrimination.

Self-IncriminationArticle 20Fundamental Rights

Source reference: UPSC Law Optional 2009, Paper I, Q4(a), source page 32.

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2009Paper IQ4(c)Section A

Question 122

'Powers of Election Commission are not sufficient.' Comment.

Election CommissionConstitutional LawElectoral Law

Source reference: UPSC Law Optional 2009, Paper I, Q4(c), source page 32.

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2008Paper IQ1(d)Section A

Question 123

Explain and elucidate the significance of the various strategies adopted for the implementation of the 'Directive Principles' of Stale Policy enshrined in Part - IV of the Indian Constitution.

Constitutional Law - General

Source reference: UPSC Law Optional 2008, Paper I, Q1(d), source page 24.

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2008Paper IQ2(a)Section A

Question 124

The framers of the Constitution felt that, in an emergency, the centre should have overriding powers to control and direct all aspects of administration and legislation throughout the country. Elucidate.

Constitutional Law - General

Source reference: UPSC Law Optional 2008, Paper I, Q2(a), source page 25.

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2008Paper IQ2(b)Section A

Question 125

'Judicial review is one of the basic features of the Constitution.' Do you agree with the view? Cite relevant case laws.

Judicial Process and Remedies

Source reference: UPSC Law Optional 2008, Paper I, Q2(b), source page 25.

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2008Paper IQ3(b)Section A

Question 126

Equality is the basic feature of the Constitution of India and any treatment of equals unequally or unequals as equals will be violation of basic structure of the Constitution of India." Explain.

Fundamental Rights and EqualityAmendment and Basic Structure

Source reference: UPSC Law Optional 2008, Paper I, Q3(b), source page 25.

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2008Paper IQ4(a)Section A

Question 127

The distinction between 'Executive Power' of the President and his 'Constitutional Power'.

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2008, Paper I, Q4(a), source page 25.

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2008Paper IQ4(c)Section A

Question 128

The scope of the constitutional harmony and balance between 'Fundamental Rights' and 'Directive Principles' of State Policy.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2008, Paper I, Q4(c), source page 25.

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2008Paper IQ5(a)Section B

Question 129

It is difficult to maintain the distinction between formal and material sources taking into account that material sources consist simply of quasi constitutional principles of inevitable but unhelpful generality. What matters is the variety of material sources, the all-important evidence of the existence of consensus among States concerning particular rules of practice." Critically examine the various sources of International Law in the development of Modern International Law, with the help of relevant case law.

Constitutional Law - General

Source reference: UPSC Law Optional 2008, Paper I, Q5(a), source page 25.

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2008Paper IQ5(b)Section B

Question 130

India is neither a signatory to the 1951 Convention nor to the 1967 Protocol relating to the status of refugees and is already a signatory to other Universal Human Rights instruments. The Indian courts have taken the lead by resorting to judicial activism in protection of refugees with the aid of International Instruments, constitutional and various legislative provisions." Discuss.

Constitutional Law - General

Source reference: UPSC Law Optional 2008, Paper I, Q5(b), source page 25.

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2007Paper IQ1(b)Section A

Question 131

The doctrine of pith and substance introduces a degree of flexibility into the otherwise runder the Indian Constitution." Justify this swith the help of case law.

Constitutional Structure and Federalism

Source reference: UPSC Law Optional 2007, Paper I, Q1(b), source page 21.

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2007Paper IQ1(c)Section A

Question 132

The Constitution of India is not true to any traditional pattern of federation." Comment.

Constitutional Law - General

Source reference: UPSC Law Optional 2007, Paper I, Q1(c), source page 21.

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2007Paper IQ1(d)Section A

Question 133

What is the meaning of 'Freedom of Press' under the Indian Constitution? Can the fthe press owners to pay minimum wages to?

Constitutional Law - General

Source reference: UPSC Law Optional 2007, Paper I, Q1(d), source page 21.

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2007Paper IQ2(a)Section A

Question 134

Examine and elucidate the scope and significance of Article 32 of the Constitution in the context of Public Interest Litigation as expounded in M.C. Mehta v. Union of India, AIR 1987 SC 1086.

Judicial Process and Remedies

Source reference: UPSC Law Optional 2007, Paper I, Q2(a), source page 22.

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2007Paper IQ2(b)Section A

Question 135

When can the President's Rule be imposed under Article 356 of the Constitution? Is there aWhat will be your suggestion in this regard?

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2007, Paper I, Q2(b), source page 22.

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2007Paper IQ3(a)Section A

Question 136

The Constitution of India that are basic or fundamental to it? Would ythe proposition that the Parliament's competence to amend the Constitution ithe basic or fundamental features of the Constitution? Elucidate.

Constitutional Law - General

Source reference: UPSC Law Optional 2007, Paper I, Q3(a), source page 22.

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2007Paper IQ4(b)Section A

Question 137

The term 'Other Authorities' under Article 12 of the Constitution.

Constitutional Law - General

Source reference: UPSC Law Optional 2007, Paper I, Q4(b), source page 22.

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2007Paper IQ4(c)Section A

Question 138

Power of President of India to grant pardons, reprieves, etc., under Article 72 of the Constitution.

Constitutional Law - General

Source reference: UPSC Law Optional 2007, Paper I, Q4(c), source page 22.

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What this archive covers

New frontiers of criminal justice have been spelled out from Article 21 of the Constitution, which provides that no person shall be deprived of his right to life and personal liberty except according to procedure established by law. Discuss and refer to decided cases.

Write critical notes on the follow (a) "The power to destroy the constitution is not included in the power to amend the Constitution.

Write critical notes on the follow (b) "The power to destroy the constitution is not included in the power and amend the Constitution.".

Differentiate between 'Federal Constitution' and 'Federal Government'. Based on judicial pronouncements and your perception of the working of our Constitution, comment on whether India has a Federal Government or a Federal Constitution.

Define and distinguish between 'formal equality' and 'substantive equality' as interpreted by the Apex Court of the country.

How would you judge the constitutional validity of an Amendment giving primacy to the executive in the matter of appointment of the judges of the Supreme Court and High Courts?

Spell out the object and reasons of Part IV A of the Constitution of India. Do you support this addition to the Constitution of India? Give reasons and also suggest some effective measures to make these provisions more realistic and operational.

Scope of the Right with regard to self-incrimination.

'Powers of Election Commission are not sufficient.' Comment.

Explain and elucidate the significance of the various strategies adopted for the implementation of the 'Directive Principles' of Stale Policy enshrined in Part - IV of the Indian Constitution.

The framers of the Constitution felt that, in an emergency, the centre should have overriding powers to control and direct all aspects of administration and legislation throughout the country. Elucidate.

'Judicial review is one of the basic features of the Constitution.' Do you agree with the view? Cite relevant case laws.

Equality is the basic feature of the Constitution of India and any treatment of equals unequally or unequals as equals will be violation of basic structure of the Constitution of India." Explain.

The distinction between 'Executive Power' of the President and his 'Constitutional Power'.

The scope of the constitutional harmony and balance between 'Fundamental Rights' and 'Directive Principles' of State Policy.

The doctrine of pith and substance introduces a degree of flexibility into the otherwise runder the Indian Constitution." Justify this swith the help of case law.

The Constitution of India is not true to any traditional pattern of federation." Comment.

What is the meaning of 'Freedom of Press' under the Indian Constitution? Can the fthe press owners to pay minimum wages to?

Examine and elucidate the scope and significance of Article 32 of the Constitution in the context of Public Interest Litigation as expounded in M.C. Mehta v. Union of India, AIR 1987 SC 1086.

When can the President's Rule be imposed under Article 356 of the Constitution? Is there aWhat will be your suggestion in this regard?

The Constitution of India that are basic or fundamental to it? Would ythe proposition that the Parliament's competence to amend the Constitution ithe basic or fundamental features of the Constitution? Elucidate.

The term 'Other Authorities' under Article 12 of the Constitution.

Power of President of India to grant pardons, reprieves, etc., under Article 72 of the Constitution.

Other Law Optional subjects