Constitution Of India MCQ question and answer | Law MCQ question

The Chief Election Commissioner (CEC) of India is the head of the Election Commission of India and is responsible for conducting free and fair elections in the country. The process for the removal of the Chief Election Commissioner is outlined in the Constitution of India.

Removal Process:
- The Chief Election Commissioner enjoys security of tenure similar to that of a Supreme Court judge.
- As per Article 324(5) of the Constitution, the CEC can only be removed in the same manner as a Supreme Court judge.
- This means the removal must be carried out through a resolution passed by both Houses of Parliament with a special majority on the grounds of proved misbehavior or incapacity.
- The President of India acts upon this resolution for the final removal.

Why are other options incorrect?
- Option A: Resolution of cabinet by two third majority – Incorrect, as the removal of the CEC does not involve the Cabinet but requires parliamentary approval.
- Option C: On recommendation of Chief Justice of India – Incorrect, as the Chief Justice of India has no role in the removal process.
- Option D: None of these – Incorrect, because Option B correctly states the removal process.

Thus, the correct answer is Option B: Resolution of both houses.

The Estimates Committee is one of the parliamentary committees in India. It is responsible for examining how funds allocated to various ministries and departments are utilized and suggesting improvements in economy and efficiency.

Explanation:
The Estimates Committee is the largest committee in the Indian Parliament. It consists of 30 members, all of whom are drawn from the Lok Sabha. The Rajya Sabha does not have representation in this committee. The members are elected annually by the Lok Sabha from among its members, based on the principle of proportional representation.

The primary function of the committee is to examine the estimates of expenditure presented in the Union Budget and ensure that public funds are being used effectively. It has the authority to suggest measures to reduce wasteful expenditure and promote efficiency in administration.

Why not other options?

Option A: Public Accounts Committee (PAC) – This committee consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha), which is smaller than the Estimates Committee.

Option C: Committee on Public Undertakings – This committee also consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha), making it smaller than the Estimates Committee.

Option D: Joint Parliamentary Committee (JPC) – The number of members in a JPC varies, depending on the issue under investigation, but it is not a standing committee and does not have a fixed membership larger than the Estimates Committee.

Thus, the Estimates Committee is the largest committee in the Indian Parliament, making Option B the correct answer.

The case of I. R. Coelho v. State of Tamil Nadu (2007) was a landmark judgment by the Supreme Court of India that reaffirmed the authority of judicial review over laws placed in the Ninth Schedule of the Constitution. The Ninth Schedule was introduced by the First Amendment in 1951 to protect certain laws from judicial scrutiny, particularly land reform laws. However, the Supreme Court in this case ruled that even laws under the Ninth Schedule are subject to judicial review if they violate the basic structure doctrine.

Explanation:

The Supreme Court held that any law placed in the Ninth Schedule after April 24, 1973 (the date of the Keshavananda Bharati judgment) could be reviewed by the judiciary if it violated the basic structure of the Constitution, including Fundamental Rights.

Statement 1: Judicial Review on legislations inserted in Schedule 9 is allowed when the legislation is not in conformity with basic structure doctrine.

This statement is true. The Supreme Court ruled that judicial review is applicable to laws placed in the Ninth Schedule if they violate the basic structure doctrine. Laws cannot escape scrutiny merely by being placed in the Ninth Schedule.

Statement 2: Legislation affecting Fundamental Rights can be reviewed.

This statement is also true. The Supreme Court clarified that if a law under the Ninth Schedule affects Fundamental Rights in a manner that violates the basic structure of the Constitution, it can be reviewed and struck down if necessary.

Since both statements 1 and 2 are correct, Option C (Both 1 and 2) is the correct answer.

An ordinance is a temporary law that is promulgated by the President of India under Article 123 of the Constitution when the Parliament is not in session. It has the same force and effect as an Act of Parliament but must be approved by the legislature within a specific time frame to remain valid.

Explanation:

According to Article 123(2)(a) of the Constitution of India, an ordinance issued by the President must be laid before both Houses of Parliament when they reconvene. The ordinance will cease to operate at the expiration of six weeks from the date of reassembly unless it is approved by Parliament before that period ends.

The six-week period is calculated from the date when both Houses of Parliament reconvene. If one House meets at a different time than the other, the countdown starts from the later date. If Parliament does not approve the ordinance within this period, it automatically lapses.

Why not other options?

Option A: 3 months – Incorrect, as the Constitution specifies 6 weeks, not 3 months.

Option B: 6 months – Incorrect, as an ordinance does not remain valid for 6 months. Instead, it ceases to operate 6 weeks after Parliament reconvenes.

Option D: 15 days – Incorrect, as there is no provision in the Constitution stating that an ordinance will lapse in 15 days.

Thus, the correct answer is Option C: 6 weeks.

The Speaker of the Lok Sabha is the presiding officer of the lower house of Parliament in India. The Speaker is responsible for maintaining order and ensuring that parliamentary proceedings are conducted smoothly. The Speaker is elected by the members of the Lok Sabha and remains impartial while discharging duties.

Explanation:

Under Article 100(1) of the Constitution of India, the Speaker does not cast a vote in the first instance like other members of the House. However, if there is a tie in votes, the Speaker has the power to cast a deciding vote to break the tie. This vote is known as the casting vote.

The purpose of this provision is to maintain the Speaker's neutrality in the House. By refraining from voting during the initial voting process, the Speaker ensures impartiality, and the casting vote is used only when necessary to resolve a deadlock.

Why not other options?

Option B: The right to vote like other members of the House – Incorrect, because the Speaker does not have a normal voting right. The Speaker votes only in case of a tie.

Option C: No right to vote – Incorrect, because the Speaker has the right to vote, but only in case of a tie.

Option D: Two votes - one in ordinary course and other in case of tie – Incorrect, as the Speaker does not vote like regular members and has only one vote, which is exercised only in case of a tie.

Thus, the correct answer is Option A: The right to vote only in case of tie.

A Financial Emergency is a special provision under the Indian Constitution that allows the central government to take control of the country's financial stability in times of crisis. It is declared by the President of India under Article 360 when the financial stability or credit of India or any part of its territory is threatened.

Explanation:

Under Article 360, if the President is satisfied that a financial emergency exists, they may declare a Financial Emergency. Once proclaimed, this emergency remains in operation unless revoked by the President. Parliamentary approval is required within two months.

During a Financial Emergency, the central government gains extensive control over state finances, including:

1. Reduction of government salaries: The salaries of government employees, including judges of the Supreme Court and High Courts, can be reduced.

2. Control over financial matters: The President can direct states to follow certain financial policies to restore economic stability.

3. Allocation of resources: The financial autonomy of states is significantly curtailed as the central government takes charge of financial decisions.

Why not other options?

Option A: Article 352 – Incorrect, as Article 352 deals with a National Emergency due to war, external aggression, or armed rebellion.

Option B: Article 356 – Incorrect, as Article 356 provides for President’s Rule in a state when its constitutional machinery fails.

Option C: Article 359 – Incorrect, as Article 359 allows the President to suspend Fundamental Rights during a National Emergency, but it does not deal with a Financial Emergency.

Thus, the correct answer is Option D: Article 360.

According to the Constitution of India, the tenure and retirement age of High Court judges are clearly defined. If any dispute arises regarding the age of a High Court judge, the authority to make a final decision lies with the Chief Justice of India (CJI). This provision ensures that judicial independence is maintained and prevents unnecessary executive interference.

Explanation:

As per Article 217(3) of the Constitution of India, if any question arises about the age of a High Court Judge, the decision of the Chief Justice of India (CJI) shall be final. This provision is important to:

1. Maintain judicial autonomy: The judiciary should remain free from political and executive influence, and the CJI, being the head of the judiciary, is entrusted with this responsibility.

2. Prevent disputes affecting judicial appointments: Ensuring clarity in a judge's tenure prevents unnecessary legal challenges or uncertainties.

3. Avoid potential bias: If the executive were to decide on a judge's age, it could lead to conflicts of interest or political misuse. By entrusting this power to the CJI, the Constitution ensures fairness.

Why not other options?

Option A: President of India – Incorrect, because while the President appoints High Court judges, disputes regarding their age are specifically decided by the CJI as per Article 217(3).

Option C: Chief Justice of High Court – Incorrect, as the Chief Justice of a High Court does not have constitutional authority to make a final decision on a judge's age. The decision rests solely with the CJI.

Option D: Collegium of Supreme Court – Incorrect, as the Collegium is responsible for recommending judicial appointments but does not decide disputes regarding the age of judges.

Option E: None of the above – Incorrect, because Article 217(3) explicitly states that the CJI's decision is final.

Thus, the correct answer is Option B: Chief Justice of India.

The "Right to Work" refers to an individual's right to employment and livelihood. In the Indian Constitution, it is not a fundamental right but a directive principle that guides the state in ensuring economic justice.

Explanation:

The Right to Work is enshrined in Article 41 of the Directive Principles of State Policy (DPSP). Article 41 states that the state shall make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. However, this right is not justiciable, meaning that individuals cannot directly enforce it through the courts.

Why is it part of DPSP?

The Directive Principles of State Policy are guidelines for governance that aim to establish socio-economic justice. While they are not legally enforceable, they serve as a framework for government policies. The inclusion of the Right to Work in DPSP emphasizes the state's responsibility to promote employment and economic well-being.

Why not other options?

Option A: Fundamental Rights – Incorrect, because the Right to Work is not explicitly mentioned as a fundamental right under Part III of the Constitution. Fundamental Rights are justiciable, whereas DPSPs are not.

Option C: Preamble of the Constitution – Incorrect, because while the Preamble mentions "Justice—Social, Economic, and Political," it does not explicitly include the Right to Work. The Preamble sets the ideological foundation but does not confer enforceable rights.

Option D: None of the above – Incorrect, as the Right to Work is clearly mentioned under DPSP in Article 41.

Thus, the correct answer is Option B: Directive Principles of State Policy.

First, let's define the key terms:
Republic: A republic is a form of government where the head of state is not a hereditary monarch (i.e., not a king or queen who inherits the position). The power rests with the elected representatives of the people.

Secular: A secular state is one that does not officially endorse or favor any particular religion. It maintains neutrality in religious matters and ensures equal rights for all religions.

Democracy: A democracy is a system of government where supreme power is vested in the people and exercised directly by them or by their elected representatives under a free electoral system.

Now, let's match the terms in List I with their corresponding definitions in List II:

a. Republic - 1. Head of the State is not a hereditary monarch: This is a correct match. The definition of a republic directly states that the head of state is not a hereditary monarch.

b. Secular - 2. State does not recognize any religion as a state religion: This is also a correct match. A secular state's defining characteristic is its non-endorsement of any specific religion.

c. Democracy - 3. A form of government which gets its authority from the will of the people: This is the correct match. The definition accurately describes the core principle of democracy: that power originates from the consent of the governed.

Therefore, the correct answer is Option A: a-1, b-2, c-3

Vice President of India: The Vice President is the second-highest office in the Indian government, primarily serving as the Chairperson of the Rajya Sabha (Council of States).

Election of the Vice President: The Vice President of India is elected by an electoral college comprising members of both Houses of Parliament – the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).

Correct Answer: B - Both Houses of Parliament

This is the correct answer because the Constitution of India explicitly states that the Vice President is elected by the members of both Houses of Parliament through a secret ballot. Each member gets one vote.

Why other options are incorrect:

Option A (House of the People): Incorrect. While the Lok Sabha (House of the People) is a part of the electoral college, it alone does not elect the Vice President. The Rajya Sabha's members also participate in the election process.

Option C (Council of States): Incorrect. Similar to option A, the Rajya Sabha (Council of States) is only one part of the electoral college and cannot elect the Vice President on its own.

Option D (Both Houses of Parliament and state legislatures): Incorrect. State legislatures are not involved in the election of the Vice President. The electoral college is solely comprised of the members of both Houses of Parliament.