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Question 1 of 5
1. Question
2 points
With reference to Kesavananda Bharati v. State of Kerala, consider the following statements:
The Supreme Court validated the 24th Amendment Act and stated that the Parliament of India can abridge or take away any of the Fundamental Rights.
The Parliament of India cannot under the exercise of the limited power enlarge the very power into an absolute power.
The Supreme Court laid down the doctrine of ‘Basic Structure’ which cannot be altered by the Parliament in the exercise of its powers under Article 368.
The Supreme Court defined ‘Basic Structure’ as federalism, secularism, and fundamental rights.
How many of the above statements is/are correct?
Correct
Ans: B
Exp:
Statement 1 is correct: The Supreme Court in the Kesavananda Bharati v. State of Kerala validated the 24th Amendment Act and stated that the Parliament can abridge or take away any of the Fundamental Rights.
Statement 2 is incorrect: The Supreme Court in the Minerva Mills v. Union of India 1980, stated that the Parliament cannot under the exercise of the limited power enlarge the very power into an absolute power. The Supreme Court in the Minerva Mills case invalidated provisions of the 42nd Amendment Act that made Constitutional Amendments beyond judicial scrutiny.
Statement 3 is correct: The Supreme Court in Kesavananda Bharati v. State of Kerala laid down the doctrine of ‘Basic structure’ which cannot be altered by the Parliament in the exercise of its powers under Article 368. It implies that the parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘Basic structure’ of the constitution.
Statement 4 is incorrect:The Supreme Court has yet to define or clarify what constitutes Basic structure. The basic features of the Basic Structure have emerged from various Supreme Court Judgments. The Court in Kesavananda Bharati Case declared the following as the features of the Basic Structure:
Separation of power between the legislature, the executive and the judiciary
Secular and federal character of the constitution
Mandate to build a welfare state
Supremacy of the constitution
Republic and democratic form of government
Sovereignty and unity of India
Freedom and dignity of the individual
Incorrect
Ans: B
Exp:
Statement 1 is correct: The Supreme Court in the Kesavananda Bharati v. State of Kerala validated the 24th Amendment Act and stated that the Parliament can abridge or take away any of the Fundamental Rights.
Statement 2 is incorrect: The Supreme Court in the Minerva Mills v. Union of India 1980, stated that the Parliament cannot under the exercise of the limited power enlarge the very power into an absolute power. The Supreme Court in the Minerva Mills case invalidated provisions of the 42nd Amendment Act that made Constitutional Amendments beyond judicial scrutiny.
Statement 3 is correct: The Supreme Court in Kesavananda Bharati v. State of Kerala laid down the doctrine of ‘Basic structure’ which cannot be altered by the Parliament in the exercise of its powers under Article 368. It implies that the parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘Basic structure’ of the constitution.
Statement 4 is incorrect:The Supreme Court has yet to define or clarify what constitutes Basic structure. The basic features of the Basic Structure have emerged from various Supreme Court Judgments. The Court in Kesavananda Bharati Case declared the following as the features of the Basic Structure:
Separation of power between the legislature, the executive and the judiciary
Secular and federal character of the constitution
Mandate to build a welfare state
Supremacy of the constitution
Republic and democratic form of government
Sovereignty and unity of India
Freedom and dignity of the individual
Question 2 of 5
2. Question
2 points
Which of the following is correct regarding the Basic structure doctrine?
Correct
Ans: D
Exp:
Option D is correct: The Basic Structure doctrine has not been specified by the Supreme Court or the Parliament. The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the basic structure of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the Basic Structure of the Constitution. The Basic Structure doctrine is an evolving concept through various judgments of the Supreme Court. It’s the spirit of the Constitution and the mindset of the makers of the Constitution.
Incorrect
Ans: D
Exp:
Option D is correct: The Basic Structure doctrine has not been specified by the Supreme Court or the Parliament. The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the basic structure of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the Basic Structure of the Constitution. The Basic Structure doctrine is an evolving concept through various judgments of the Supreme Court. It’s the spirit of the Constitution and the mindset of the makers of the Constitution.
Question 3 of 5
3. Question
2 points
In which of the following judgments did the Supreme Court clarify that the Basic Structure Doctrine would apply to Constitutional Amendments enacted after April 24, 1973 in the Kesavananda Bharati Case including the Ninth schedule?
Correct
Ans: A
Exp:
Waman Rao and others vs. UOI (1981):The Supreme Court of India in Waman Rao v. Union of India (1981) considered the constitutionality of Articles 31A and 31B of the Indian Constitution in light of the Kesavananda Bharati judgment’s introduction of the Basic Structure theory. The Waman Rao case also held that amendments made to the 9th Schedule until the Kesavananda judgment are valid, and those passed after that date are subject to Judicial Review.
Indira Gandhi Nehru Case (1975): The doctrine of the Basic Structure of the Constitution was reaffirmed and applied by the Supreme Court in the Indira Nehru Gandhi case (1975).
Shah Bano Begum Case (1985): The Supreme Court delivered a judgment on the maintenance a divorced Muslim woman would be entitled to receive from her former husband in the case of Mohammed Ahmed Khan v. Shah Bano Begum (Shah Bano).
Indra Sawhney judgment (1992): The Supreme Court examined the scope and extent of Article 16(4) and proclaimed that the advanced sections among the OBCs (i.e., the creamy layer) must be excluded from the list of beneficiaries of reservation. It also held that the concept of the creamy layer must be excluded for SCs & STs.
Incorrect
Ans: A
Exp:
Waman Rao and others vs. UOI (1981):The Supreme Court of India in Waman Rao v. Union of India (1981) considered the constitutionality of Articles 31A and 31B of the Indian Constitution in light of the Kesavananda Bharati judgment’s introduction of the Basic Structure theory. The Waman Rao case also held that amendments made to the 9th Schedule until the Kesavananda judgment are valid, and those passed after that date are subject to Judicial Review.
Indira Gandhi Nehru Case (1975): The doctrine of the Basic Structure of the Constitution was reaffirmed and applied by the Supreme Court in the Indira Nehru Gandhi case (1975).
Shah Bano Begum Case (1985): The Supreme Court delivered a judgment on the maintenance a divorced Muslim woman would be entitled to receive from her former husband in the case of Mohammed Ahmed Khan v. Shah Bano Begum (Shah Bano).
Indra Sawhney judgment (1992): The Supreme Court examined the scope and extent of Article 16(4) and proclaimed that the advanced sections among the OBCs (i.e., the creamy layer) must be excluded from the list of beneficiaries of reservation. It also held that the concept of the creamy layer must be excluded for SCs & STs.
Question 4 of 5
4. Question
2 points
With reference to the Citizenship of India, which of the following statements is/are correct?
Articles 5 to 11 contain elaborate provisions with regard to the loss or acquisition of Citizenship subsequent to the commencement of the Constitution.
The Parliament of India is empowered to regulate Citizenship by enacting a law.
Select the correct answer using the code given below:
Correct
Ans: B
Exp:
Statement 1 is incorrect: The Constitution deals with Citizenship from Articles 5 to 11 under Part II. However, it contains neither any permanent nor any elaborate provisions in this regard. It only identifies the persons who became Citizens of India at its commencement (i.e., on January 26, 1950). It does not deal with the problem of acquisition or loss of Citizenship subsequent to its commencement.
Statement 2 is correct: The Constitution empowers the Parliament to enact a law for regulating any matter relating to Citizenship. Accordingly, the Parliament enacted the Citizenship Act, of 1955, which was amended in 1957, 1960, 1985, 1986, 1992, 2003, 2005, and 2015.
Incorrect
Ans: B
Exp:
Statement 1 is incorrect: The Constitution deals with Citizenship from Articles 5 to 11 under Part II. However, it contains neither any permanent nor any elaborate provisions in this regard. It only identifies the persons who became Citizens of India at its commencement (i.e., on January 26, 1950). It does not deal with the problem of acquisition or loss of Citizenship subsequent to its commencement.
Statement 2 is correct: The Constitution empowers the Parliament to enact a law for regulating any matter relating to Citizenship. Accordingly, the Parliament enacted the Citizenship Act, of 1955, which was amended in 1957, 1960, 1985, 1986, 1992, 2003, 2005, and 2015.
Question 5 of 5
5. Question
2 points
Match the following pairs and select the correct answer from the code given below:
Citizenship provisions
Contained in Article
A. Rights of citizenship of persons migrated to India from Pakistan.
1. Article 5
B. Citizenship at the commencement of the Constitution
2. Article 6
C. Rights of citizenship of certain migrants to Pakistan
3. Article 7
D. Rights of citizenship of certain persons of Indian origin residing outside India
4. Article 8
5. Article 9
Correct
Ans: B
Exp:
Citizenship is dealt under Part II of the Indian Constitution from Article 5 to 11
Pair 1 is incorrect: Article 5 – Citizenship at the commencement of the Constitution.
Pair 2 is incorrect: Article 6 – Rights of citizenship of certain persons who have migrated to India from Pakistan.
Pair 3 is correct: Article 7 – Rights of Citizenship of certain migrants to Pakistan.
Pair 4 is correct: Article 8 – Rights of Citizenship of certain persons of Indian origin residing outside India.
Article 9 – Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
Article 10 – Continuance of the Rights of Citizenship.
Article 11 – Parliament to regulate the right of citizenship by law.
Incorrect
Ans: B
Exp:
Citizenship is dealt under Part II of the Indian Constitution from Article 5 to 11
Pair 1 is incorrect: Article 5 – Citizenship at the commencement of the Constitution.
Pair 2 is incorrect: Article 6 – Rights of citizenship of certain persons who have migrated to India from Pakistan.
Pair 3 is correct: Article 7 – Rights of Citizenship of certain migrants to Pakistan.
Pair 4 is correct: Article 8 – Rights of Citizenship of certain persons of Indian origin residing outside India.
Article 9 – Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
Article 10 – Continuance of the Rights of Citizenship.
Article 11 – Parliament to regulate the right of citizenship by law.
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
Quick Revise Now ! UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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