Constitutional Law MCQs for Judiciary, Page 2

Correct answer: B. Visa-free multiple-entry to India and most civil rights but no voting rights, cannot hold constitutional posts, cannot acquire agricultural land

OCI cardholders enjoy: lifelong multiple-entry visa, exemption from police registration, parity with NRIs in financial/educational matters. They CANNOT: vote in elections, contest elections to Parliament/State Legislatures, hold constitutional posts (President, VP, Judge, etc.), serve in government, acquire agricultural/plantation property. OCI is India's version of 'quasi-citizenship' - closer to permanent residence than full citizenship.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. The permanent home of a person - the place where they intend to reside permanently or indefinitely

Domicile in law means the permanent home - the place a person intends to be their permanent abode. Under Article 5, a person who had their domicile in India at commencement AND was born in India OR had a parent born in India OR had been ordinarily resident in India for not less than 5 years was a citizen at commencement. Domicile is different from residence - a person can be resident in one place but domiciled in another.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: A. Registration is only for persons of Indian origin or spouses of citizens while naturalisation is for all foreigners who meet residence requirements

Citizenship by registration (Section 5, Citizenship Act) is available to: persons of Indian origin resident in India for 7 years, persons of Indian origin resident outside India, spouses of Indian citizens (resident for 7 years), and minor children of Indian citizens. Citizenship by naturalisation (Section 6) is for foreigners who are not of Indian origin and have been resident in India for 11 years (including 12 continuous months immediately before application). The key distinction is eligibility criteria.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Obtained citizenship by fraud, showed disloyalty to the Constitution, unlawfully traded with an enemy during war, received specified post-registration or post-naturalisation imprisonment, or lived abroad for 7 years without required registration

Section 10 of the Citizenship Act allows the Central Government to deprive a citizen of citizenship in specified cases, other than citizenship by birth. The grounds include citizenship obtained by fraud, false representation or concealment of material facts; disloyalty or disaffection towards the Constitution; unlawful enemy trade or communication during war; imprisonment for at least two years within five years of registration or naturalisation; and ordinary residence abroad for seven years without the required annual registration. Voluntary acquisition of foreign citizenship is termination under Section 9, while renunciation is dealt with separately under Section 8.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: C. Rights of citizenship of certain persons of Indian origin residing outside India

Article 8 deals with persons of Indian origin (born in India as defined in the GoI Act 1935, or having parents/grandparents born there) who are ordinarily resident in any country outside India (except Pakistan). Such persons can be deemed citizens if they are registered as Indian citizens by a Diplomatic or Consular representative of India in the country of residence. This allowed the Indian diaspora to retain a connection to India.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: D. Inserting Article 338B - National Commission for Backward Classes

The 86th Amendment made three changes: (1) Inserted Article 21A (Fundamental Right to free and compulsory education for children 6-14 years); (2) Amended Article 45 DPSP (now directs provision of early childhood care and education for children below 6 years); (3) Inserted Article 51A(k) as the 11th Fundamental Duty (duty of parents/guardians to provide educational opportunities to their children 6-14 years). Article 338B (NCBC) was inserted by the SEPARATE 102nd Amendment 2018.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. The composition of the NJAC - including the Law Minister and two eminent persons - gave the executive and non-judicial members a role in appointments, compromising judicial independence which is a basic feature

The Supreme Court struck down the 99th Amendment and NJAC Act by 4:1 majority. The majority held that: (1) Judicial independence is a basic feature of the Constitution; (2) The NJAC's composition - with the Union Law Minister and two 'eminent persons' nominated by a committee including the PM - gave the executive and lay persons a role in judicial appointments that would compromise the independence guaranteed by the collegium; (3) The 'veto' effectively given to two NJAC members (any two could block an appointment) was particularly problematic.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Laws added after 24 April 1973 (date of Kesavananda Bharati) can be examined if they violate the basic structure of the Constitution through Fundamental Rights

In I.R. Coelho (2007), a nine-judge bench held: (1) Laws added to the Ninth Schedule before Kesavananda Bharati (24 April 1973) are completely protected from challenge; (2) Laws added AFTER 24 April 1973 can be judicially reviewed to determine if they violate Fundamental Rights that are also part of the basic structure. The reasoning: Parliament knew about the basic structure doctrine after 24 April 1973 - it cannot use the Ninth Schedule to immunise amendments that violate the basic structure.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: D. Insertion of Article 30A - giving minorities the right to establish schools in rural areas

The 86th Amendment made exactly THREE changes: (1) Inserted Article 21A making free and compulsory education for children aged 6-14 a Fundamental Right; (2) Substituted Article 45 (which earlier directed the State to provide free and compulsory education for all children up to 14 years - now an RTE under Article 21A) to now direct early childhood care and education for children below 6 years; (3) Added Article 51A(k) as the 11th Fundamental Duty - for parents/guardians to provide educational opportunities to children between 6-14 years. Article 30A was NOT inserted.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Created concurrent taxing power for Centre and States on supply of goods and services (CGST/sgst) while Centre retains exclusive power on inter-State supply (igst) - replacing the complex pre-GST dual taxation regime

The 101st Amendment: (1) inserted Article 246A, giving Parliament and State Legislatures concurrent power to levy GST, with Parliament having exclusive power for inter-State GST; (2) inserted Article 279A, establishing the GST Council; (3) inserted Article 269A, under which IGST on inter-State supply is levied and collected by the Centre and apportioned; and (4) amended or deleted entries relating to taxes subsumed in GST. It replaced a complex system of Central excise, State VAT, service tax, entry tax and similar levies with a unified GST framework.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. That the NJAC was constitutional and that Parliament's attempt to bring accountability and transparency to judicial appointments was a legitimate exercise of constituent power that did not violate basic structure

Justice Chelameswar in his dissent argued: (1) The collegium system - not expressly in the Constitution - had resulted in opacity and nepotism; (2) The NJAC, with its balanced composition (CJI, 2 senior SC judges, Law Minister, 2 eminent persons), was a reasonable attempt to bring accountability; (3) Judicial independence is compatible with some executive participation; (4) The impugned amendment did not destroy the basic structure because some judicial primacy remained in the NJAC. The 4:1 majority disagreed, holding that any effective veto power given to the executive over judicial appointments was unconstitutional.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. 93rd Constitutional Amendment 2005

The 93rd Constitutional Amendment 2005 inserted Article 15(5): 'Nothing in this article...shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.' This enabled the Central Educational Institutions (Reservation in Admission) Act 2006.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. 10 years

Article 334 provides for reservation of seats for SCs and STs in Parliament and State Assemblies and Anglo-Indian nomination (now removed). The 104th Amendment extended the SC/ST reservation by 10 years - from 2020 (when it was due to expire under the 95th Amendment extension) to 2030. The Amendment also removed the provision for nomination of Anglo-Indians to Parliament and State Assemblies (Articles 331 and 333), as the Anglo-Indian community had sufficiently integrated into mainstream political life.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Minerva Mills v. Union of India (1980) - the Court struck down Section 55 of the 42nd Amendment which had inserted these clauses

The 42nd Amendment's Section 55 inserted Article 368(4): 'For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.' And 368(5): 'For the removal of doubts, it is hereby declared that...no amendment of this Constitution...shall be called in question in any court on any ground.' In Minerva Mills (1980), the Supreme Court struck down both clauses as destroying the basic structure - an unconditional amending power in Parliament would destroy the essential feature of constitutionalism itself.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Is appointed by the President and can be removed only in the same manner as a Supreme Court judge - by Parliamentary address

Article 324(5): the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court - i.e., through an address by each House of Parliament supported by a majority of total membership and not less than 2/3 of members present and voting. This protection secures the CEC's independence. Note: Election Commissioners (other than the CEC) have weaker protection - they can be removed on the CEC's recommendation [though this is being reviewed by courts].

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. The President - which are then laid before Parliament and examined by the Public Accounts Committee

Under Articles 149-151: The CAG audits accounts of the Union and States. The CAG's reports relating to the accounts of the Union are submitted to the President (Article 151(1)), who causes them to be laid before each House of Parliament. State CAG reports are submitted to the Governor (Article 151(2)). The Public Accounts Committee of Parliament scrutinises these reports, holding the executive accountable for expenditure. The Finance Accounts and Appropriation Accounts are the main audit documents.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. During the pleasure of the President - it is not a security-of-tenure position like a judge

Article 76(4): The Attorney General of India holds office during the pleasure of the President. Unlike judges who have security of tenure and can only be removed through impeachment, the AG serves at the executive's pleasure. The AG is essentially a professional appointment (not a public servant) - he receives fees rather than salary, can practice privately (subject to restrictions), and can be replaced when a new government takes office if they prefer a different AG.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. No member of Parliament is answerable to any court for anything said or any vote given in Parliament - the immunity is complete and cannot be defeated by proving malice

Article 105(2) gives absolute immunity - a member of Parliament cannot be sued, prosecuted or made liable in any court for: (1) anything said in Parliament or any committee thereof, (2) any vote given in Parliament. This immunity is complete - it cannot be defeated by showing the statement was made with malice or false intent. The reason: members must be free to speak without fear of litigation so that Parliament can function effectively as a forum for free debate and democratic accountability.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. The President appoints on the advice of the Prime Minister - the Cabinet (conventionally through the pmo) effectively decides Governor appointments

Though Article 155 says 'the Governor shall be appointed by the President by warrant under his hand and seal,' the President acts on the advice of the Prime Minister and the Cabinet (Article 74). So effectively, the Cabinet (through the PMO) decides who is appointed Governor. The Sarkaria Commission recommended that Governors should be eminent persons, not politicians, and should not be from the ruling party of the State. These recommendations are largely unimplemented.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. The Attorney General is a constitutional post under Article 76 with explicit constitutional functions; the Solicitor General and Additional Solicitors General are statutory/executive appointments assisting the ag, not created by the Constitution

The Attorney General of India is a constitutional post under Article 76 - appointed by the President, must be qualified as a Supreme Court judge, and it is his duty to give advice to the Government on legal matters referred to him and to perform other duties of a legal character assigned to him. The Solicitor General of India and Additional Solicitors General are NOT created by the Constitution - they are appointed under the Government of India (Transaction of Business) Rules or executive orders to assist the AG. The SG and ASGs typically represent the government in courts when the AG is unavailable.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Non-justiciable but fundamental in the governance of the country and a duty of the State to apply in making laws

Article 37 expressly states: '...the provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.' This dual character - fundamental but non-justiciable - distinguishes DPSPs from Fundamental Rights. Courts cannot directly enforce DPSPs but can use them to: uphold laws implementing them, interpret ambiguous provisions, and guide constitutional adjudication.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. A beginning must be made if the Constitution is to have any meaning - the ucc remains a dead letter and the State should step

In Mohammed Ahmed Khan v. Shah Bano Begum (1985), while granting maintenance to a Muslim divorced woman, the Supreme Court lamented that Article 44 has 'remained a dead letter' - no progress has been made toward a UCC since 1950. Chief Justice Chandrachud wrote: 'We understand the difficulties involved in bringing persons of different faiths and persuasions on a common platform. But, we are convinced that a beginning has to be made if the Constitution is to have any meaning.' The observation sparked major political controversy.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Property Rights judgment - In Re: Article 39(b) (2024) examining whether privately owned resources can be 'material resources of the community'

In a significant 2024 judgment (In Re: Article 39(b)), a nine-judge Constitutional Bench by 8:1 majority held that NOT ALL privately owned resources constitute 'material resources of the community' under Article 39(b). The majority (Chief Justice Chandrachud and others) overruled earlier judgments that had broadly interpreted 'material resources' to include all private property. Justice B.V. Nagarathna dissented. This judgment has major implications for government acquisition policies and welfare legislation.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Article 40 - organisation of village panchayats

Article 40 directs the State to take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. The 73rd Amendment 1992 gave this DPSP constitutional status by inserting Part IX (Articles 243-243O) mandating Panchayati Raj elections, reservation of seats for SCs/STs/women, State Finance Commissions, etc. This is the clearest example of a DPSP being operationalised through constitutional amendment.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Issue directions for environmental protection in cases like M.C. Mehta v. Union of India - directing cleanup of rivers, regulation of polluting industries, and environmental governance

Article 51A(g) requires every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. The Supreme Court in M.C. Mehta v. Union of India (the Ganga pollution case and other environmental PILs) cited this duty to support its directions for environmental protection. Courts have used Fundamental Duties in conjunction with DPSPs (Article 48A - environmental protection) to build a robust constitutional framework for environmental governance.

Source note: MP Jain Constitutional Law / Standard References