Consti Mock

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1.

The power of the Judicial review means the power of the Supreme court to
A) Review its own decisions or decisions of any court or tribunal within the territory of
India
B) Examine the constitutional validity of any administrative actions as well as legislative
provisions and strike it down if found not accordance with the constitutional
provisions
C) Set aside any provisions of law if found contrary to fundamental rights
D) Set aside any executive decision if it is against the statutory law
E) Set aside any legislative decision if it is against the law.
Answer- B
Power of judicial review over legislative action is vested in the High Courts under Article
226, 227 in the Supreme Court under Article 32 and 136 of the Constitution of India.
2. X is appointed as the Attorney general of India. He shall have right to audience in
A) In Supreme Court only
B) Only in all the High Court
C) Only in Supreme court and Tribunal established by central government
D) In all the courts of India
E) In all the Tribunals and High courts of India
Answer- D
As per Article 76(3) in The Constitution Of India in the performance of his duties the
Attorney General shall have right of audience in all courts in the territory of India

3. A has been tried and convicted for the offence of criminal misappropriation in year
2005. After spending two years in jail he was released. Again in year 2010 he is tried
for the same offence, but the rule of’ double jeopardy’ is that no person can be
convicted for the same offence twice In which of following article of Indian
Constitution this rule has been embodied
A) 20(1)
B) 20(2)
C) 20(3)
D) 22(1)
E) 22(2)
Answer- B
Double jeopardy is embodied in Article 20 (2) of the Constitution of India which reads as- No
person shall be prosecuted and punished for the same offence more than once.
4. As per the Doctrine of Eclipse, any law inconsistent with fundamental rights is not
totally void but that is overshadowed by the fundamental rights and after removing
that inconsistency the entire law becomes valid, this doctrine is related with which of
the following article of Indian Constitution
A) 13(1)
B) 13(2)
C) 13(3)
D) 13(4)
E) 12
Answer- A
This doctrine is related with Article 13(1) of the Constitution of India and it was evolved by
the Supreme Court in the case of Bhikaji Narain Dhakras v. State of Madhya Pradesh
5. A belongs to community of schedule caste, he demands promotion and services from
the state,. Under which article of Indian Constitution provides for the reservation in
matters of promotion in services under the state to scheduled caste and schedule
tribe.
A) Article 16(4A)
B) Article (15(4)
C) Article (16(4)
D) Article (16(4B)
E) Article 16(2)
Answer- A
Article 16(4A) provides for the reservation in services and promotion in states for schedule
tribe and schedule caste. It has been inserted by 77th amendment and substituted by 85th
amendment.
In this case the Supreme Court held that the state legislative assembly has the power to
regulate the publication of its debates and other proceedings and this will act supersede the
right to free speech.
6. A is young boy of age 13 years and has been employed in the brick making factory.
Which article of the Indian Constitution prohibits the employment of children in
any factory or mine or any hazardous employment below the age of 14.
A) 22
B) 23
C) 26
D) 24
E) 20
Answer- D
As per Article 24 of Indian Constitution, no child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in any other hazardous employment
Provided that nothing in this sub clause shall authorise the detention of any person beyond
the maximum period prescribed by any law made by Parliament under sub clause (b) of
clause ( 7 ); or such person is detained in accordance with the provisions of any law made by
Parliament under sub clauses (a) and (b) of clause ( 7 )
7. X is convicted for murder and robbery, he has been sentenced to death by the
Supreme court. X applies for grant of pardon from the president as one last resort.
The power to grant pardon, reprieves, respites or remission of punishment is
exercised by president under the advice of
A) Prime Minister
B) On his own
C) On advice of council of ministers
D) On advice of law minister
E) On advice of chief justice of India
Answer- C
Under Article 72 of the Constitution, the President shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence
of any person convicted of any offence where the sentence is a sentence of death. Although
the President is bound by the Cabinet’s advice, Article74 (1) empowers him to return it for
reconsideration once. If the Council of Ministers decides against any change, the President
has no option but to accept it.
8. Which of the following Act amendment Article 1 of the Indian Constitution
A) 3rd Amendment
B) 5th Amendment
C) 6th Amendment
D) 7th Amendment
E) 8th Amendment
Answer- D
In the seventh amendment of the Constitution in 1956, the distinction between Part A and
Part B states was abolished
9. For a state to prescribe that residents of the state would be entitled to a concession in
the matter of fees in a State Medical College or to prescribe that admission to a
university shall be restricted to persons resident in a particular area in the state
because Article 15(1) of the Indian Constitution does not prohibit discrimination on
the ground of
A) Caste
B) Sex
C) Religion
D) Creed
E) Residence
Answer- E
Article 15 of the Indian Constitution prohibits the state from discriminating against a citizen
on grounds of religion, race, caste and sex
10. Where a law is made by the state legislature on the subject enumerated on the
concurrent list, with the assent of the president, repugnant to the earlier laws made
by the parliament then the laws so made by the State
A) Shall not prevail in State
B) Shall Prevail in the State
C) Shall prevail with the permission of High Court
D) Shall prevail with the permission of Supreme Court
E) Shall prevail with permission of parliament
Answer-B
As per Article 254(1) if any provision of a law made by the Legislature of a State is
repugnant to any provision of a law made by Parliament which Parliament is competent to
enact, or to any provision of an existing law with respect to one of the matters enumerated in
the Concurrent List, then, subject to the provisions of clause ( 2 ), the law made by
Parliament, whether passed before or after the law made by the Legislature of such State, or,
as the case may be, the existing law, shall prevail and the law made by the Legislature of the
State shall, to the extent of the repugnancy, be void
11. Petition to the Supreme Court under Article 32 are subject to rule of res judicata
except
A) Habeas Corpus
B) Certiorari
C) Quo warranto
D) Prohibition
E) Mandamus
Answer-A
The principle of application of res judicata is not applicable in Writ of Habeas Corpus, The
principles accepted by the English and American Courts, that res
judicata is not applicable in Writ of Habeas Corpus 

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