Constitutional Law MCQs for Judiciary, Page 3

Correct answer: B. Article 39A - equal justice and free legal aid

Article 39A (inserted by the 42nd Amendment 1976): The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. The Legal Services Authorities Act 1987 was enacted to implement this. Article 39A is also the constitutional basis for the right to free legal aid under Article 21.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: A. Article 51A(a)

Article 51A(a): 'It shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.' This is the first Fundamental Duty. It is the constitutional basis for laws like the Prevention of Insults to National Honour Act 1971, which criminalises disrespect to the National Flag and Anthem. Bijoe Emmanuel (1986) - the National Anthem case - balanced this duty against freedom of conscience.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Gradual transfer of control of the subordinate judiciary from executive to High Courts, and separation of judicial and executive functions at the district level

Article 50 directs the State to take steps to separate the judiciary from the executive in the public services. This has been implemented by: (1) transferring administrative control of the subordinate judiciary (District Courts) from State governments/Revenue departments to High Courts; (2) separating Executive Magistracy (revenue/administrative functions) from Judicial Magistracy (criminal courts). The process is substantially complete in most States, though revenue courts handling land disputes still retain some judicial-executive overlap.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: D. Military alliances for collective defence

Panchsheel (Five Principles of Peaceful Coexistence) were first formally stated in the Preamble to the 1954 India-China Agreement on Tibet: (1) Mutual respect for territorial integrity and sovereignty; (2) Mutual non-aggression; (3) Mutual non-interference in internal affairs; (4) Equality and mutual benefit; (5) Peaceful coexistence. Military alliances are inconsistent with non-interference and peaceful coexistence - India's constitutional foreign policy (Article 51) and its historical non-aligned stance are based on these principles.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. India's socio-economic conditions made immediate enforcement of social rights impossible - DPSPs set aspirational goals for progressive realisation while the state consolidated resources

Dr. Ambedkar explained in the Constituent Assembly that India lacked the economic resources to immediately enforce social and economic rights as justiciable claims. Making every person's right to work, education or health immediately enforceable by courts would overwhelm the State. DPSPs represent the constitutional vision of where India should reach - a roadmap for progressive realisation of social and economic justice. As India's resources grow, laws implementing DPSPs can be enacted. This is the 'progressive realisation' model distinct from civil and political rights which are immediately enforceable.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. National Emergency (Article 352), State Emergency/President's Rule (Article 356), Financial Emergency (Article 360)

The Constitution provides for three types of Emergencies: (1) National Emergency under Article 352 - on grounds of war, external aggression or armed rebellion; (2) State Emergency (President's Rule) under Article 356 - when constitutional machinery in a State fails; (3) Financial Emergency under Article 360 - when the financial stability or credit of India or any part is threatened. Each has different triggers, consequences and constitutional safeguards.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. 'Internal disturbance' was too vague and susceptible to misuse - the 1975 Emergency was proclaimed on this ground; 'armed rebellion' requires a much more serious and specific threat

The 1975 Emergency was proclaimed by PM Indira Gandhi on the ground of 'internal disturbance' - a vague concept that could encompass political opposition and civil unrest. The 44th Amendment replaced this with 'armed rebellion' - a much narrower and more serious concept requiring actual armed insurgency. This prevents a government from imposing Emergency merely because of political opposition or civil protests. It is one of the most important safeguards introduced by the 44th Amendment.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Written recommendation from the Union Cabinet to the President before proclamation

The 44th Amendment added the requirement that the decision to advise proclamation of National Emergency must be communicated to the President in writing by the Union Cabinet (not just the PM). This prevents a single leader from pressuring the President to proclaim Emergency without full Cabinet discussion and collective responsibility. It was a direct response to the 1975 Emergency where PM Indira Gandhi reportedly persuaded President Fakhruddin Ali Ahmed to sign the proclamation without adequate Cabinet deliberation.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Only when Emergency is proclaimed on grounds of war or external aggression - not for armed rebellion (internal)

This is a critical distinction under Article 358: Article 19 freedoms are AUTOMATICALLY suspended (without any separate Presidential order) ONLY when National Emergency is proclaimed on grounds of war or external aggression. If Emergency is proclaimed on grounds of ARMED REBELLION (internal), Article 19 is NOT automatically suspended - a separate Presidential order under Article 359 is needed to suspend enforcement of Article 19. This limits the scope of Article 19 suspension in cases of internal armed rebellion.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: C. Never been proclaimed in India since independence

Financial Emergency under Article 360 has NEVER been proclaimed in India. Even during the 1991 balance of payments crisis (when India had to pledge gold with IMF), Financial Emergency was not formally proclaimed. Even during COVID-19 pandemic's economic impact, it was not used. The reasons: (1) political costs of proclamation; (2) adequate fiscal measures could be taken within normal governance framework; (3) declaring Financial Emergency could trigger panic and worsen the crisis.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: D. Simple majority of those present

Article 352(7) provides that the President shall revoke a National Emergency if the Lok Sabha passes a resolution disapproving the proclamation or its continuance. The special majority in Article 352(6) applies to approval or continuance resolutions under clauses (4) and (5), not to this disapproval resolution under clause (7). Therefore the ordinary voting rule applies. Article 352(8) separately allows one-tenth of the total Lok Sabha membership to require a special sitting within 14 days for considering such a disapproval resolution.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: C. Three times - in 1962, 1971 and 1975

National Emergency has been proclaimed THREE times: (1) 26 October 1962 - Chinese aggression; revoked 10 January 1968. (2) 3 December 1971 - Pakistani aggression; this emergency was technically still in force when the third was proclaimed and remained in force until March 1977. (3) 25 June 1975 - 'internal disturbance'; proclaimed by PM Indira Gandhi; revoked March 1977. So from June 1975 to March 1977, technically two Emergencies were in force simultaneously.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: C. All government servants, including judges of the Supreme Court and High Courts

Article 360(4) permits directions requiring reduction of salaries and allowances during a Financial Emergency. For States, Article 360(4)(a)(i) covers all or any class of persons serving in connection with the affairs of a State. For the Union, Article 360(4)(b) expressly includes persons serving in connection with the affairs of the Union, including judges of the Supreme Court and High Courts. This is the exceptional emergency provision that can affect judicial salary protection.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. The Court by 4:1 held that enforcement of Article 21 (and 14) before courts was suspended during Emergency - Justice Khanna's dissent proved correct - the 44th Amendment and Puttaswamy judgment eventually overruled this

In ADM Jabalpur (1976), the majority of 4:1 held that when the President issues an order under Article 359 suspending enforcement of Articles 21 and 14, no person has any locus standi to challenge preventive detention before any court. Justice H.R. Khanna alone dissented - Article 21 protects rights that exist independently of the Constitution. This dissent cost Khanna the CJI position. The majority view led to massive rights violations during Emergency. The 44th Amendment made Articles 20-21 non-suspendable. Puttaswamy (2017) expressly overruled ADM Jabalpur.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Two months

Article 356(3): A proclamation issued under Article 356 shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. If both Houses approve, the proclamation can be continued for six months at a time. The maximum duration is three years (with certain conditions beyond one year). The two-month window is important - it prevents indefinite President's Rule without Parliamentary sanction.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: A. 6 months at each extension

Article 356 framework: the initial proclamation must be approved by Parliament within 2 months. Once approved, it operates for 6 months at a time and each later extension needs fresh Parliamentary approval. The maximum period is generally 3 years. Extension beyond 1 year requires both Article 356(5) conditions: (1) a National Emergency is in operation in the whole of India or in the whole or any part of the State, and (2) the Election Commission certifies that elections cannot be held. The 6-month limit for each extension preserves recurring Parliamentary accountability.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Deleted by the 44th Constitutional Amendment 1978 - restoring judicial review of Presidential satisfaction

During the Emergency, the 38th Amendment was enacted to make the President's satisfaction for proclaiming Emergency (Article 352) and imposing President's Rule (Article 356) 'final and conclusive' and non-justiciable. The 44th Amendment 1978 (post-Emergency reforms) deleted this provision, restoring the position that Presidential satisfaction is justiciable - subject to judicial review on grounds of mala fides, irrelevant considerations, or lack of any material. S.R. Bommai (1994) later substantially expanded the scope of judicial review of Article 356.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: D. Article 359

Article 358 and Article 359 are distinct: Article 358 provides for AUTOMATIC suspension of Article 19 freedoms during a National Emergency on grounds of war/external aggression (NOT armed rebellion). Article 359 is different - it empowers the President to suspend the right to move courts for enforcement of Fundamental Rights (other than Articles 20 and 21 which can NEVER be suspended) during any National Emergency. A Presidential Order under Article 359 specifying the rights to be suspended is necessary - it is not automatic.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: A. Union List (97 entries), State List (66 entries), Concurrent List (47 entries) - original numbers

The original Seventh Schedule had: List I (Union List) - 97 entries, List II (State List) - 66 entries, List III (Concurrent List) - 47 entries. These numbers have changed through amendments (e.g., education moved from State to Concurrent List by 42nd Amendment). Current numbers are approximately List I: 100, List II: 61, List III: 52. Residuary powers under Article 248 vest with PARLIAMENT (List I, Entry 97) - not States. This distinguishes India from USA/Australia where residuary powers are with States.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Parliament - it can legislate on any matter not in any of the three lists

Article 248(1): Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. Entry 97 of the Union List is the residuary entry. This vesting of residuary power in Parliament (Centre) is a key feature of India's unitary bias. In contrast: USA and Australia vest residuary powers in States; Canada follows the same model as India (residue with Centre). Courts interpret entries broadly to avoid gaps.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. A State law conflicts with a Central law on a Concurrent List subject

Article 254 applies specifically to Concurrent List subjects - where both Parliament and State Legislatures have power to legislate. If there is repugnancy (direct or covered field conflict) between a Central law and a State law on the same Concurrent List subject, the Central law prevails and the State law is void to the extent of repugnancy. Exception: if the State law was reserved for Presidential assent and received it, the State law prevails in that State (subject to Parliament later overriding it).

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. The Rajya Sabha passes a resolution by two-thirds majority declaring it necessary in national interest

Article 249 allows Parliament to legislate on a State List subject for a period of 1 year (extendable) if the Rajya Sabha passes a resolution by not less than 2/3 of members present and voting declaring the matter to be in the national interest. The Rajya Sabha, as the Council of States, acts as the guardian of States' autonomy - but can, in rare cases of national importance, authorise Parliament to legislate on State subjects. The law ceases to operate 6 months after the resolution expires unless extended.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: C. Federalism

In S.R. Bommai (1994), the nine-judge bench unanimously declared that FEDERALISM is a basic feature of the Constitution. This means Parliament cannot, even by constitutional amendment, destroy the federal character of India. The judgment used this declaration to impose strict limitations on Article 356 (President's Rule) - arbitrary imposition of President's Rule attacks federalism and is constitutionally impermissible. This was a landmark affirmation of States' rights in India.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. Distribution of net tax proceeds between Centre and States, grants-in-aid principles, and other referred matters of sound finance

Article 280(3) specifies Finance Commission functions: (a) distribution between Union and States of the net proceeds of taxes to be divided; (b) principles governing grants-in-aid from the Consolidated Fund of India to States; (c) measures needed to augment the Consolidated Fund of a State to supplement resources of panchayats and municipalities on the basis of recommendations of State Finance Commissions; (d) any other matter referred by the President in the interests of sound finance.

Source note: MP Jain Constitutional Law / Standard References

Correct answer: B. International treaties, conventions, agreements or decisions made at international conferences

Article 253 empowers Parliament to make any law for the whole or any part of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. This power overrides the State List - Parliament can legislate on State subjects to implement international obligations. Important for implementing UNCLOS, WTO agreements, UN Security Council resolutions, etc.

Source note: MP Jain Constitutional Law / Standard References