UPSC Law Optional, Paper I and II

Constitutional Law UPSC Law Optional PYQs, Page 6

UPSC Law Optional Constitutional Law previous year questions 139-166 of 194, arranged for doctrine revision, case-law planning, and answer writing.

194 questions139-166 on this page7 pages

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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

2006Paper IQ1(a)Section A

Question 139

'In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch.' Elucidate with the help of constitutional provisions and judicial decisions.

Constitutional Law - General

Source reference: UPSC Law Optional 2006, Paper I, Q1(a), source page 18.

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2006Paper IQ1(b)Section A

Question 140

'Fundamental duties are only ethical and moral duties and should not form a part of the fundamental law.' Comment.

Constitutional and Administrative Law - General

Source reference: UPSC Law Optional 2006, Paper I, Q1(b), source page 18.

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2006Paper IQ1(c)Section A

Question 141

'The issue of parliamentary privileges has been bone of contention and conflict between the Parliament and Judiciary.' Critically examine in the light of the decided cases.

Constitutional and Administrative Law - General

Source reference: UPSC Law Optional 2006, Paper I, Q1(c), source page 18.

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2006Paper IQ2(a)Section A

Question 142

'Directive Principles of State Policy are not enforceable in the Court of Law but, nevertheless, they are fundamental in the governance of the country.' Discuss this statement with the help of decided cases.

Constitutional and Administrative Law - General

Source reference: UPSC Law Optional 2006, Paper I, Q2(a), source page 18.

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2006Paper IQ2(b)Section A

Question 143

'Collective responsibility is the very basis of the Parliamentary system of government.' Do you agree with this statement? What has been the impact of coalition politics on the doctrine of collective responsibility?

Constitutional and Administrative Law - General

Source reference: UPSC Law Optional 2006, Paper I, Q2(b), source page 18.

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2006Paper IQ3(a)Section A

Question 144

'The Constitution has imposed an obligation on the Union to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution. In order to enable the Union to carry out this obligation the Constitution has conferred adequate powers on it.' Elucidate. Also discuss the safeguards against misuse of Article 356.

Constitutional Law - General

Source reference: UPSC Law Optional 2006, Paper I, Q3(a), source page 19.

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2006Paper IQ3(b)Section A

Question 145

What Constitutional safeguards are available to civil servants under the Constitution of India? Explain the circumstances under which a civil servant can be dismissed from service without holding a regular inquiry against him.

Constitutional Law - General

Source reference: UPSC Law Optional 2006, Paper I, Q3(b), source page 19.

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2006Paper IQ4(a)Section A

Question 146

'Essential legislative functions cannot be delegated.' Explain with the help of case-law. Also discuss the technique and utility of legislative control of delegated legislation.

Delegated Legislation

Source reference: UPSC Law Optional 2006, Paper I, Q4(a), source page 19.

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2006Paper IQ4(b)Section A

Question 147

How far is the Governor of a State bound to act with the advice of his Ministers? What functions are required by the Constitution to be exercised in his discretion?

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2006, Paper I, Q4(b), source page 19.

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2005Paper IQ1(a)Section A

Question 148

Article 16 (4) is by itself a rule of equality rather than an exception to the rule." What is your view? Discuss with the help of case- law.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2005, Paper I, Q1(a), source page 15.

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2005Paper IQ1(b)Section A

Question 149

The fundamental right to freedom of speech and expression has in recent times seen expanding horizons." Discuss and point out the judicial approach in this regard.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2005, Paper I, Q1(b), source page 15.

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2005Paper IQ1(c)Section A

Question 150

The constitutional scheme of the distribution of legislative powers weights heavily in favour of the Union Parliament." Elucidate with the help of constitutional provisions and judicial decisions.

Constitutional Structure and Federalism

Source reference: UPSC Law Optional 2005, Paper I, Q1(c), source page 15.

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2005Paper IQ1(d)Section A

Question 151

The Indian federal structure has brought in some novel provisions which are not to be found in other federations." Critically discuss.

Constitutional Structure and Federalism

Source reference: UPSC Law Optional 2005, Paper I, Q1(d), source page 15.

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2005Paper IQ2(a)Section A

Question 152

All these years Article 368 has seen a tug of war between the constituent power and power of judicial review." Comment on and narrate this development in detail.

Judicial Process and RemediesAmendment and Basic Structure

Source reference: UPSC Law Optional 2005, Paper I, Q2(a), source page 15.

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2005Paper IQ3(a)Section A

Question 153

Secularism is neither anti-God not pro- God. It eliminates God from the matters of State and ensures that no one shall be discriminated on the grounds of religion." In the light of the above observation discuss the true import of freedom of religion guaranteed under the Indian Constitution.

Constitutional Law - General

Source reference: UPSC Law Optional 2005, Paper I, Q3(a), source page 16.

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2005Paper IQ3(b)Section A

Question 154

Is the President of India a mere constitutional head? Is he bound to accept the advice of the Council of Ministers? Discuss fully stating constitutional provisions.

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2005, Paper I, Q3(b), source page 16.

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2005Paper IQ4(a)Section A

Question 155

Examine the scope of Proclamation of Emergency by the President of India and enumerate the safeguards introduced by constitutional amendments to present abuse of these powers.

Executive and Constitutional OfficesAmendment and Basic Structure

Source reference: UPSC Law Optional 2005, Paper I, Q4(a), source page 16.

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2004Paper IQ1(a)Section A

Question 156

Federalism has in recent years, witnessed a change - from the dogmatic to dynamic - approach." Discuss the changing approach and point out the main deviations in the working of the Constitution of India.

Constitutional Structure and Federalism

Source reference: UPSC Law Optional 2004, Paper I, Q1(a), source page 12.

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2004Paper IQ1(b)Section A

Question 157

Liberty of Press consists in laying no prior restraints upon publications and not in freedom from censure for matters when published." Explain and indicate how far this liberty of Press is protected under the Indian Constitution.

Constitutional Law - General

Source reference: UPSC Law Optional 2004, Paper I, Q1(b), source page 12.

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2004Paper IQ1(c)Section A

Question 158

The extensive use of the device of 'reasonable classification' by State and its approval by the Supreme Court has rendered the guarantee of 'fair and equitable treatment' under Article 14 largely illusory." Discuss making clear the constitutional and popular concepts of 'right to equality' in India.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2004, Paper I, Q1(c), source page 12.

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2004Paper IQ1(d)Section A

Question 159

What is Judicial activism? In this context evaluate the contribution of the Supreme Court of India, which is empowered to act as the guardian of the constitutional provisions.

Constitutional Law - General

Source reference: UPSC Law Optional 2004, Paper I, Q1(d), source page 12.

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2004Paper IQ2(a)Section A

Question 160

The pardoning power of the Governor is not immuned from Judicial review." Examine this statement in the light of the case of Satpal Vs. State of Haryana, (2000).

Executive and Constitutional OfficesJudicial Process and Remedies

Source reference: UPSC Law Optional 2004, Paper I, Q2(a), source page 13.

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2004Paper IQ2(b)Section A

Question 161

Examine in detail the provisions of the Constitution regarding appointment of Judges of the Supreme Court of India. Is it necessary to constitute a Commission to review and reform the prevailing provisions of the Constitution in this regard? Give reasons.

Constitutional Law - General

Source reference: UPSC Law Optional 2004, Paper I, Q2(b), source page 13.

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2004Paper IQ3(a)Section A

Question 162

The Supreme Court of India has extended theory of basic structure of the Constitution to the constitutional morality in the case of. B. R. Kapur Vs. State of Tamil Nadu,(2001)." Explain.

Amendment and Basic Structure

Source reference: UPSC Law Optional 2004, Paper I, Q3(a), source page 13.

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2004Paper IQ3(b)Section A

Question 163

What are the grounds, duration and consequences of the Proclamation issued by the President of India pertaining to the failure of constitutional machinery in States? Is such a Proclamation justiciable?

Executive and Constitutional Offices

Source reference: UPSC Law Optional 2004, Paper I, Q3(b), source page 13.

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2004Paper IQ4(a)Section A

Question 164

Parliamentary privileges is an essential incident to the high and multifarious functions which the legislature is called upon to perform." Discuss the position under the Constitution of India. Will you suggest reforms, if any, in the existing position?

Constitutional Law - General

Source reference: UPSC Law Optional 2004, Paper I, Q4(a), source page 13.

Direct link to this question

2004Paper IQ4(b)Section A

Question 165

Explain the form of the Government that the Constitution of India has adopted and which has been subject of criticism. What reforms, if any, will you suggest in this regard?

Constitutional Law - General

Source reference: UPSC Law Optional 2004, Paper I, Q4(b), source page 13.

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2003Paper IQ1(b)Section A

Question 166

While the implementation of the Directive Principles of the State Policy is a pre condition for the enjoyment of Fundamental Rights, the destruction of the Fundamental Rights will frustrate the realisation of the Directive Principles." Discuss.

Fundamental Rights and Equality

Source reference: UPSC Law Optional 2003, Paper I, Q1(b), source page 10.

Direct link to this question

What this archive covers

'In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch.' Elucidate with the help of constitutional provisions and judicial decisions.

'Fundamental duties are only ethical and moral duties and should not form a part of the fundamental law.' Comment.

'The issue of parliamentary privileges has been bone of contention and conflict between the Parliament and Judiciary.' Critically examine in the light of the decided cases.

'Directive Principles of State Policy are not enforceable in the Court of Law but, nevertheless, they are fundamental in the governance of the country.' Discuss this statement with the help of decided cases.

'Collective responsibility is the very basis of the Parliamentary system of government.' Do you agree with this statement? What has been the impact of coalition politics on the doctrine of collective responsibility?

What Constitutional safeguards are available to civil servants under the Constitution of India? Explain the circumstances under which a civil servant can be dismissed from service without holding a regular inquiry against him.

'Essential legislative functions cannot be delegated.' Explain with the help of case-law. Also discuss the technique and utility of legislative control of delegated legislation.

How far is the Governor of a State bound to act with the advice of his Ministers? What functions are required by the Constitution to be exercised in his discretion?

Article 16 (4) is by itself a rule of equality rather than an exception to the rule." What is your view? Discuss with the help of case- law.

The fundamental right to freedom of speech and expression has in recent times seen expanding horizons." Discuss and point out the judicial approach in this regard.

The constitutional scheme of the distribution of legislative powers weights heavily in favour of the Union Parliament." Elucidate with the help of constitutional provisions and judicial decisions.

The Indian federal structure has brought in some novel provisions which are not to be found in other federations." Critically discuss.

All these years Article 368 has seen a tug of war between the constituent power and power of judicial review." Comment on and narrate this development in detail.

Secularism is neither anti-God not pro- God. It eliminates God from the matters of State and ensures that no one shall be discriminated on the grounds of religion." In the light of the above observation discuss the true import of freedom of religion guaranteed under the Indian Constitution.

Is the President of India a mere constitutional head? Is he bound to accept the advice of the Council of Ministers? Discuss fully stating constitutional provisions.

Examine the scope of Proclamation of Emergency by the President of India and enumerate the safeguards introduced by constitutional amendments to present abuse of these powers.

Federalism has in recent years, witnessed a change - from the dogmatic to dynamic - approach." Discuss the changing approach and point out the main deviations in the working of the Constitution of India.

Liberty of Press consists in laying no prior restraints upon publications and not in freedom from censure for matters when published." Explain and indicate how far this liberty of Press is protected under the Indian Constitution.

What is Judicial activism? In this context evaluate the contribution of the Supreme Court of India, which is empowered to act as the guardian of the constitutional provisions.

The pardoning power of the Governor is not immuned from Judicial review." Examine this statement in the light of the case of Satpal Vs. State of Haryana, (2000).

Examine in detail the provisions of the Constitution regarding appointment of Judges of the Supreme Court of India. Is it necessary to constitute a Commission to review and reform the prevailing provisions of the Constitution in this regard? Give reasons.

The Supreme Court of India has extended theory of basic structure of the Constitution to the constitutional morality in the case of. B. R. Kapur Vs. State of Tamil Nadu,(2001)." Explain.

What are the grounds, duration and consequences of the Proclamation issued by the President of India pertaining to the failure of constitutional machinery in States? Is such a Proclamation justiciable?

Parliamentary privileges is an essential incident to the high and multifarious functions which the legislature is called upon to perform." Discuss the position under the Constitution of India. Will you suggest reforms, if any, in the existing position?

Explain the form of the Government that the Constitution of India has adopted and which has been subject of criticism. What reforms, if any, will you suggest in this regard?

While the implementation of the Directive Principles of the State Policy is a pre condition for the enjoyment of Fundamental Rights, the destruction of the Fundamental Rights will frustrate the realisation of the Directive Principles." Discuss.

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