Question 1

Whether Doctrine of Eclipse applies to Post Constitutional Law?

Accepted Answer

The Doctrine of Eclipse applies to pre-constitutional laws that were valid before the constitution came into effect but became inconsistent with the constitution after its enactment. It does not apply to post-constitutional laws.

Question 2

Whether constitutional amendment is 'law' under Article 13(2)

Accepted Answer

Article 13(2) of the Indian Constitution states that the state shall not make any law which takes away or abridges the rights conferred by Part III (Fundamental Rights), and any law made in contravention of this clause shall, to the extent of the contravention, be void. However, constitutional amendments are not considered 'law' under Article 13(2) as per the Supreme Court's interpretation in the Kesavananda Bharati case (1973), where it was held that the term 'law' in Article 13(2) does not include constitutional amendments.

Question 3

Who gave concept of "Rule of Law"

Accepted Answer

The concept of "Rule of Law" is most famously associated with A.V. Dicey, a British jurist and constitutional theorist, who outlined it in his work "Introduction to the Study of the Law of the Constitution" published in 1885.

Question 4

'Equality before Law' and Equal protection of Law assures what?

Accepted Answer

'Equality before Law' and 'Equal protection of Law' are principles that assure the 'rule of law.' This concept means that every person is subject to the law, including lawmakers, government officials, and those in positions of power.

Question 5

Article 14 permits classification but prohibits class legislation, choose the correct option

Accepted Answer

Article 14 of the Indian Constitution permits reasonable classification but prohibits class legislation, ensuring equality before the law and equal protection of the laws within the territory of India.

Question 6

In Maneka Gandhi's Case 'Due Process' of law was adopted from

Accepted Answer

The concept of 'Due Process' of law adopted in Maneka Gandhi's case was taken from the American Constitution. This principle ensures that the government respects all legal rights owed to a person according to the law.

Question 7

Land Mark judgement of Maneka Gandhi's was delivered by

Accepted Answer

Justice P.N. Bhagwati delivered the landmark judgment in the Maneka Gandhi case, which expanded the interpretation of Article 21 of the Indian Constitution.

Question 8

In Maneka Gandhi's case Judges applied which principles

Accepted Answer

In Maneka Gandhi's case, the Supreme Court of India applied the principle of natural justice, emphasizing the right to a fair hearing and due process.

Question 9

Which case is related to Right to Privacy Under Article 21

Accepted Answer

The answer of Which case is related to Right to...

Question 10

Whether PIL is a 'pill for every ill' choose correct option

Accepted Answer

The answer of Whether PIL is a 'pill for every...

Question 11

Environmental related cases are connected to which Article (Fundamental rights) under Indian Constitution

Accepted Answer

Environmental cases in India are often linked to Article 21 of the Indian Constitution, which guarantees the right to life. The Supreme Court of India has interpreted this right to include the right to a healthy environment as part of the right to life.

Question 12

Aim behind inserting 9th schedule was to

Accepted Answer

The 9th Schedule was inserted into the Indian Constitution by the first amendment in 1951 with the primary aim of protecting agrarian reform laws from judicial review.

Question 13

9 th Schedule excluded jurisdiction of judiciary under Judicial Review

Accepted Answer

The 9th Schedule of the Indian Constitution was created by the first amendment in 1951 to protect laws included in it from judicial review, meaning the judiciary cannot question the validity of laws placed under this schedule on the grounds of violation of fundamental rights.

Question 14

To which concept Dharma can be mostly related

Accepted Answer

Dharma is most closely related to the concept of natural law, as it encompasses moral order, righteousness, and duty inherent to the cosmos and human nature, rather than being a set of codified legal statutes or a philosophical or historical school of thought.

Question 15

Supreme Court is Court of Record under Article

Accepted Answer

The Supreme Court of India is designated as a Court of Record under Article 129 of the Indian Constitution. This means its judgments are recorded for perpetual memory and testimony, and it has the power to punish for contempt of itself.

Question 16

Judges of Supreme Court can be removed from his office according to procedure prescribed under Article

Accepted Answer

Judges of the Supreme Court of India can be removed from their office by the President of India on the recommendation of the Parliament. This process is prescribed under Article 124(4) of the Constitution of India, which outlines the grounds for removal as "proved misbehaviour or incapacity."

Question 17

Supreme Court is not bound by its own Decision - held in which case

Accepted Answer

The answer of Supreme Court is not bound by its...

Question 18

Which case is also called as "Fundamental Rights case

Accepted Answer

Kesavananda Bharati's case is also known as the Fundamental Rights case because it led to the formulation of the basic structure doctrine, which holds that the Constitution has certain basic features that cannot be altered or destroyed by amendments, including the fundamental rights.

Question 19

Which judge was impeached as a first judge in Rajya Sabha on charged of misappropriation of funds

Accepted Answer

The answer of Which judge was impeached as a first...

Question 20

Which are the Constitutional Provisions that ensures independence of Judiciary

Accepted Answer

The independence of the judiciary is ensured through various constitutional provisions, including the security of tenure for Supreme Court and High Court judges, and the fact that Parliament can extend but not curtail their jurisdiction. These measures protect judges from external pressures and ensure they can make decisions based on law, without fear of repercussions.

Quiz 3: Constitutional Law and Judicial System in India: Part B