Constitutional and Administrative Law MCQ Quiz in मल्याळम - Objective Question with Answer for Constitutional and Administrative Law - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

Key Points

Can be amended:
The Preamble of the Constitution of India can indeed be amended. This was affirmed in the landmark Kesavananda Bharati case in 1973, where the Supreme Court of India ruled that while the basic structure of the Constitution could not be altered, the Preamble could be amended as it is a part of the Constitution.
An example of such an amendment is the 42nd Amendment Act of 1976, which added the words "Socialist", "Secular", and "Integrity" to the Preamble.
Cannot be amended:
This option is incorrect because the Constitution provides for its amendment under Article 368, and the Supreme Court has clarified that the Preamble is a part of the Constitution that can be amended, provided the basic structure is not altered.
Can be amended only by the Supreme Court:
This option is incorrect because the power to amend the Constitution, including its Preamble, lies with the Parliament of India and not the Supreme Court. The Supreme Court's role is to ensure that such amendments do not violate the basic structure of the Constitution.
Cannot be amended because it is a part of the basic feature of the Constitution:
This option is misleading. While the Supreme Court has held that the basic structure of the Constitution cannot be amended, it has also specified that the Preamble, as part of the Constitution, can be amended. The distinction lies in ensuring that amendments to the Preamble do not alter the essence of the basic structure.

Correct answer is (4)

 Key PointsArticle 21 of Constitution Of India provides for the Right to Personal Liberty. It states-

No person shall be deprived of his life or personal liberty except according to procedure established by law. It is a right which is available to every citizen, persons, foreigners alike.It has a wide ambit, it includes;

a) Right against public hanging

b) Right against custodial violence

c) Right of under trials to separate them from convicted.

d) Right to sleep etc.

Additional Information

In Sunil Batra v. Delhi Administration(1978), the Supreme Court approved the above observations. It held that the ‘right to life’ included the right to lead a healthy life to enjoy all faculties of the human body in their prime conditions. It would even include the right to protect a person’s tradition, culture, heritage and all that gives meaning to a man’s life. In addition, it consists of the Right to live and sleep in peace and the Right to repose and health.

In Maneka Gandhi v. Union of India(1978), the Supreme Court gave a new dimension to Art. 21. The Court held that the right to live is not merely a physical right but includes within its ambit the right to live with human dignity.

The Supreme Court in Peoples Union for Democratic Rights v. Union of India (1982), held that non-payment of minimum wages to the workers employed in various Asiad Projects in Delhi was a denial to them of their right to live with basic human dignity and violative of Article 21 of the Constitution.

The correct answer is Writ of Quo Warranto.

 Key Points

• A writ of Quo Warranto is a judicial mandate to an individual or governmental body, questioning the legal right by which that person or entity holds a public office or authority.
• This Latin term translates to "by what warrant" or "by what authority."
• It is used to challenge and address the legality of the occupancy of public office by a person, ensuring that no one can occupy a public office unlawly or without proper authorization.
• When a court issues a Quo Warranto, it requires the holder of the office to demonstrate their entitlement to hold that office. If they cannot justify their occupation of the office, the court can decree the office to be vacated.
• This writ is crucial in maintaining the integrity of public service by ensuring that only duly authorized individuals hold public offices.

The correct answer is: Option 4) By giving a wide definition of law under Article 13

Key Points

• Article 13 of the Indian Constitution defines "law" in a broad sense to include not only statutes enacted by the legislature but also any order, bye-law, rule, or notification that has the force of law.

• This wide definition of law brings all legislative actions, including rules, notifications, orders, and bye-laws, within the purview of Article 13, ensuring they are subject to judicial review.

• Any law or legislative action that violates the Fundamental Rights guaranteed by the Constitution can be declared void under Article 13.

• The broad definition of law ensures that not only formal legislation but also administrative orders, rules, and notifications that have the effect of law are subject to scrutiny and are not inconsistent with Fundamental Rights.

Additional Information

• Article 13 is essential in ensuring that all government actions adhere to constitutional principles and that laws do not infringe upon the Fundamental Rights of citizens. This is a critical safeguard against arbitrary legislative actions.

Under Article 324 of the Constitution of India the Election Commission of India shall be responsible to conduct elections.

Key Points

• Article 324 of the Constitution of India:
  • Article 324 grants the Election Commission of India (ECI) the authority to conduct elections to the Parliament and State legislatures, as well as to the offices of the President and Vice-President of India.
  • The ECI is an autonomous constitutional authority responsible for administering election processes in India at both the national and state levels.
  • This article ensures free and fair elections by providing the ECI with the power to supervise and control the electoral process.

Additional Information

• Explanation of Other Options:
  • (a), (b), (c) and (d): This option is incorrect because the ECI does not conduct elections for Zilla Parishads, Panchayats, Municipal Corporations, and Municipal Committees.
  • (a) and (b) only: This option is correct as it accurately reflects the responsibilities of the ECI under Article 324.
  • (a), (b) and (c): This option is incorrect because it includes Zilla Parishads and Panchayats, which are not under the purview of the ECI.
  • (a), (c) and (d): This option is incorrect as it includes Municipal Corporations and Municipal Committees, which are not under the ECI's jurisdiction.

The correct answer is 'under Article 16(2) of the Constitution of India.'

Key Points

• Article 16(2) of the Constitution of India:
  • Article 16(2) prohibits discrimination on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them in matters of public employment.
  • This provision ensures equality of opportunity for all citizens in employment under the State.
  • It is a fundamental right provided to prevent discrimination and promote inclusivity and fairness in public sector jobs.

Additional Information

• Article 15(1) of the Constitution of India:
  • Article 15(1) prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
  • This article is broader in scope and applies to various aspects of civil rights, not just public employment.
• Article 34(2) of the Constitution of India:
  • Article 34 deals with restrictions on rights conferred by Part III of the Constitution while martial law is in force in any area. Clause (2) does not exist under Article 34.
• Article 370(1) of the Constitution of India:
  • Article 370(1) provided special autonomous status to the state of Jammu and Kashmir. This article has been abrogated as of August 5, 2019.
  • It did not deal with discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence.

The correct answer is 'Parliament'

Key Points

• Parliament's power during Article 356:
  • Article 356 of the Indian Constitution deals with the imposition of President's Rule in a state, which occurs when the state government is unable to function according to the provisions of the Constitution.
  • When Article 356 is in operation, the state legislature is either dissolved or suspended, and the powers of the state legislature are assumed by the Parliament.
  • Under Article 246-A, which grants the power to make laws with respect to goods and services tax (GST), Parliament assumes the role and responsibility of the state legislature during President's Rule.
  • This means that the Parliament can legislate on GST matters for the state during this period.

Additional Information

• Governor of the State:
  • The Governor acts as the representative of the President in the state and administers the state during President's Rule but does not have legislative powers regarding GST.
• State legislature:
  • The state legislature's powers are suspended or dissolved during President's Rule, hence it cannot make laws on GST during this period.
• President:
  • The President declares President's Rule but does not directly legislate; instead, Parliament assumes legislative functions for the state.

The correct answer is Option 4.

Key Points

The correct answer is Option 2.

Key Points

Key Points Answer: Statements 1, 2, and 4 are correct.
Explanation: The Election Commission of India was indeed established on January 25, 1950, it is a constitutional body responsible for administering various elections in India, and the President of India appoints the Chief Election Commissioner and other Election Commissioners. However, the tenure of the Chief Election Commissioner and other Election Commissioners is six years or up to the age of 65 years, not 62, making statement 3 incorrect.