← Labour Officer
Past Questions
Which article of the Constitution empowers the President to promulgate ordinances?
A)
Article 123
B)
Article 52
C)
Article 25
D)
Article 78
Step-by-step reasoning:
1. Analysis of the Question: The question asks for the specific Article of the Indian Constitution that grants the President the power to promulgate ordinances (legislative powers when Parliament is not in session).
2. Evaluating Option (a): Article 123 of the Constitution of India explicitly empowers the President to promulgate ordinances when either of the two Houses of Parliament is not in session, provided the President is satisfied that circumstances exist which render it necessary for him to take immediate action. These ordinances have the same force and effect as an Act of Parliament.
3. Evaluating Option (b): Article 52 simply states that 'There shall be a President of India'. It establishes the office but does not grant legislative powers.
4. Evaluating Option (c): Article 25 deals with the 'Freedom of conscience and free profession, practice and propagation of religion' under Fundamental Rights.
5. Evaluating Option (d): Article 78 defines the 'Duties of Prime Minister as respects the furnishing of information to the President, etc.', focusing on the communication between the PM and the President.
Conclusion: Article 123 is the only correct provision regarding the promulgation of ordinances by the President.
The sequence of procedure for passing a Bill in the House is
A)
First reading, Committee stage, report stage, second reading, third reading
B)
First reading, second reading, committee stage, report stage, third reading
C)
First reading, second reading, third reading, Committee stage, report stage
D)
First reading, Committee stage, second reading, third reading
The legislative process for passing a Bill in a parliamentary system (such as the Indian Parliament, which governs the Constitutional Law context of the MPSC) follows a specific sequence of stages:
1. **First Reading**: This is the introduction stage. The member in charge moves a motion for leave to introduce the Bill. No discussion takes place at this stage; the Bill is simply introduced and published in the Gazette.
2. **Second Reading**: This is the most critical stage. It is divided into two phases: the general discussion on the principles of the Bill, and the clause-by-clause consideration.
3. **Committee Stage**: After the general discussion in the second reading, the Bill is often referred to a Select Committee or a Joint Committee for detailed scrutiny. The committee examines the Bill clause by clause and suggests amendments.
4. **Report Stage**: The Committee submits its report back to the House. The House considers the amendments suggested by the Committee and may accept or reject them.
5. **Third Reading**: This is the final stage. The debate is restricted to whether the Bill as a whole should be passed or rejected. No further amendments are generally allowed at this stage. Once passed, it is sent to the other House or for Presidential assent.
Comparing this to the options: Option (b) correctly lists the sequence: First Reading $\rightarrow$ Second Reading $\rightarrow$ Committee Stage $\rightarrow$ Report Stage $\rightarrow$ Third Reading.
Article 16(4A) which gives power to the State to make laws regarding reservation in favour of Scheduled Castes and Scheduled Tribes was added by the
A)
75th Amendment to the Constitution of India.
B)
76th Amendment to the Constitution of India.
C)
77th Amendment to the Constitution of India.
D)
78th Amendment to the Constitution of India.
Article 16(4A) was inserted into the Constitution of India by the 77th Amendment Act, 1995. This amendment allows the State to provide for reservation in matters of promotion, with consequential seniority, to the Scheduled Castes (SCs) and Scheduled Tribes (STs), if the State is satisfied that the representation of any of these classes is inadequate in the services under the State. This was introduced to override the Supreme Court's judgment in the case of Indra Sawhney v. Union of India (1992), which had held that reservation should be limited to the initial entry level and not extend to promotions.
Analysis of other options:
- Option (a) 75th Amendment: Primarily dealt with the registration of cooperative societies.
- Option (b) 76th Amendment: Dealt with the exclusion of certain laws from being challenged on the grounds of violating fundamental rights (specifically regarding the Tamil Nadu Backward Classes Act).
- Option (d) 78th Amendment: Dealt with the status of certain areas in the state of Madhya Pradesh.
The protection and improvement of environment including forests and wild life of the country is
A)
Directive Principle of State Policy
B)
Fundamental National Policy
C)
Fundamental Duty of a Citizen
D)
Both Directive Principles of State Policy and Fundamental Duty of a Citizen
The protection and improvement of the environment is addressed in the Constitution of India in two distinct capacities:
1. As a Directive Principle of State Policy (DPSP): Under Article 48A (inserted by the 42nd Amendment Act, 1976), it is stated that 'The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.' This imposes a duty on the Government to create policies and laws for environmental protection.
2. As a Fundamental Duty: Under Article 51A(g) (also inserted by the 42nd Amendment Act, 1976), it is the duty of every citizen of India 'to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.'
Since the objective of protecting the environment is mandated both for the State (DPSP) and for the individual citizens (Fundamental Duty), option (d) is the correct answer.
Which of the following are the conditions for acquiring Indian Citizenship?
A)
Domicile and Descent
B)
Domicile, Descent & Registration
C)
Domicile, Decent, Registration and Holding property
D)
None of the above
The acquisition of Indian citizenship is governed by the Constitution of India (at the time of commencement) and the Citizenship Act, 1955. The primary modes of acquiring citizenship include: 1. Birth (which involves the concept of Domicile/Residence), 2. Descent (being born to Indian parents), 3. Registration (applying for citizenship after meeting specific criteria), 4. Naturalization, and 5. Incorporation of territory.
Analyzing the options:
- Option (a) is incomplete as it misses Registration.
- Option (b) correctly lists three valid legal grounds: Domicile (associated with birth/residence), Descent, and Registration.
- Option (c) is incorrect because 'Holding property' is not a legal condition or ground for acquiring Indian citizenship under the Citizenship Act, 1955.
- Option (d) is incorrect because option (b) provides a valid set of conditions.
In which of the following amendment the term of Lok Sabha increased from 5 to 6 years?
A)
40th Amendment
B)
42nd Amendment
C)
44th Amendment
D)
46th Amendment
The term of the Lok Sabha (the lower house of the Indian Parliament) is normally five years. However, the 42nd Amendment Act of 1976, enacted during the Emergency period under the government of Indira Gandhi, increased the term of the Lok Sabha from 5 years to 6 years. This change was later reversed by the 44th Amendment Act of 1978, which restored the term to 5 years.
Breakdown of options:
- a. 40th Amendment: Not the relevant amendment for this change.
- b. 42nd Amendment: Correct. It increased the term to 6 years in 1976.
- c. 44th Amendment: Incorrect. This amendment actually restored the term back to 5 years.
- d. 46th Amendment: Not the relevant amendment for this change.
Article 15(1) prohibits discrimination against any citizen on the grounds of
A)
Religion, race and caste only.
B)
Religion, caste and sex only.
C)
Religion, caste, sex and place of birth only.
D)
Religion, race, caste, sex, place of birth or any of them.
Article 15(1) of the Constitution of India explicitly states: 'The State shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth or any of them.'
Step-by-step analysis:
1. The provision is a fundamental right ensuring equality and prohibiting discrimination.
2. It lists five specific grounds: (i) Religion, (ii) Race, (iii) Caste, (iv) Sex, and (v) Place of birth.
3. The phrase 'or any of them' indicates that discrimination based on even one of these grounds, or a combination of them, is prohibited.
Comparing with options:
- Option (a) is incorrect because it omits sex and place of birth.
- Option (b) is incorrect because it omits race and place of birth.
- Option (c) is incorrect because it omits race.
- Option (d) accurately captures all five grounds mentioned in the text of the Constitution.
The power of judicial review means:
A)
The power of the courts to define and interpret constitution
B)
The power of the courts to declare null and void any legislative or executive act, which is against the provisions of the Constitution
C)
The power of the judiciary to define and interpret laws
D)
The power of the courts to legislate when there is no statutory provision
Judicial Review is a fundamental principle of Constitutional Law that allows the judiciary to examine the constitutionality of legislative enactments and executive orders. If a law or an order is found to be in violation of the Constitution (the supreme law of the land), the court has the authority to declare it 'ultra vires' (beyond the power) and therefore null and void.
Analysis of options:
- Option (a) refers to 'Constitutional Interpretation,' which is a tool used during judicial review but is not the definition of the power of review itself.
- Option (b) is the precise definition of Judicial Review: the power to invalidate acts that contravene the Constitution.
- Option (c) refers to 'Statutory Interpretation,' which is the general function of courts in applying laws to specific cases.
- Option (d) describes 'Judicial Legislation' or filling a 'lacuna' in the law; however, in a strict separation of powers, courts cannot legislate, as that is the role of the Parliament/Legislature.
Which among the following has the power to legislate on the matters which are neither in the Union List, nor in the State list nor in the Concurrent list of the Constitution of India?
A)
Parliament
B)
State Legislatures
C)
Both State legislatures and Parliament
D)
Neither Parliament nor State legislature
The distribution of legislative powers between the Union and the States is governed by Article 246 of the Constitution of India, which refers to the Seventh Schedule containing the Union List, State List, and Concurrent List.
1. **Residuary Powers**: Matters that are not mentioned in any of the three lists are known as 'Residuary Powers'.
2. **Constitutional Provision**: According to Article 248(1) of the Constitution of India, the power to make laws with respect to any matter not enumerated in the Concurrent List or State List vests exclusively with the Parliament.
3. **Analysis of Options**:
- (a) Parliament: Correct, as per Article 248.
- (b) State Legislatures: Incorrect, as they only have power over the State List (subject to Union overrides).
- (c) Both: Incorrect, as residuary power is not shared.
- (d) Neither: Incorrect, as the Constitution ensures there is no legislative vacuum.
The maximum interval between the two sessions of each House of Parliament is
A)
Three months
B)
Four months
C)
Five months
D)
Six months
According to Article 85 of the Constitution of India, the President has the power to summon each House of Parliament to meet. The Constitution explicitly mandates that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. This ensures that the Parliament meets regularly to conduct legislative business and hold the executive accountable. Therefore, the maximum permissible gap between two sessions is six months. Options a, b, and c are incorrect as they do not align with the constitutional provision specified in Article 85.
In which schedule of Indian Constitution, the territorial extent of Indian states and union Territories is prescribed?
A)
1st
B)
2nd
C)
3rd
D)
4th
The Constitution of India contains 12 schedules that categorize and tabulate legislation and amendments.
1. The First Schedule (Option a) lists the names of the States and Union Territories and describes their territorial jurisdictions. Whenever a new state is created or the boundaries of an existing state are altered, the First Schedule is amended.
2. The Second Schedule (Option b) deals with the provisions relating to the emoluments, allowances, and privileges of the President, Governors, Speakers, Judges, and other high-ranking officials.
3. The Third Schedule (Option c) contains the forms of Oaths or Affirmations for various constitutional officials.
4. The Fourth Schedule (Option d) deals with the allocation of seats in the Rajya Sabha (Council of States) to the States and Union Territories.
Therefore, the territorial extent of Indian states and union territories is prescribed in the 1st Schedule.
In how many ways the Constitutional amendment in India can take place?
A)
2
B)
3
C)
4
D)
1
Under the Constitution of India, there are three distinct ways/procedures by which the Constitution can be amended:
1. Amendment by Simple Majority of Parliament: Certain provisions of the Constitution can be amended by a simple majority (majority of those present and voting), which is not deemed as an amendment under Article 368. Examples include the admission or establishment of new states and changes in the names or boundaries of states.
2. Amendment by Special Majority of Parliament: Under Article 368, most provisions of the Constitution can be amended by a special majority. This requires a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting.
3. Amendment by Special Majority of Parliament and Ratification by Half of the States: For amendments that affect the federal structure of the Constitution (e.g., election of the President, distribution of legislative powers between Union and States), the amendment must be passed by a special majority in Parliament and then be ratified by the legislatures of at least half of the states by a simple majority.
Therefore, there are 3 ways in which the Constitutional amendment can take place.
The constitution of India is considered federal in nature, and unitary in spirit. Which of the following is not a federal feature?
A)
Three-tier governmental structure
B)
Independent Judiciary
C)
Bicameralism
D)
Appointment of state governors by the central government
A federal system is characterized by the distribution of power between a central authority and constituent units (states), ensuring that neither is completely subordinate to the other.
1. **Three-tier governmental structure (Option a):** The division of power between the Union, State, and Local governments (Panchayats/Municipalities) is a hallmark of federalism, as it decentralizes authority.
2. **Independent Judiciary (Option b):** An independent judiciary is essential in a federation to resolve disputes between the center and the states and to interpret the constitution, ensuring that neither level of government oversteps its jurisdiction.
3. **Bicameralism (Option c):** A two-house legislature (like the Rajya Sabha and Lok Sabha) is a federal feature because the upper house typically represents the interests of the constituent units (states) at the central level.
4. **Appointment of state governors by the central government (Option d):** This is a 'unitary' or 'non-federal' feature. In a true federation, the head of the state unit would be independent of the central government's appointment. Because the President of India appoints the Governor (who acts as an agent of the Center), it allows the central government to exercise control over state administrations, thereby reflecting the 'unitary spirit' of the Indian Constitution.
Parliament has power to legislate with respect to a matter in the State List, provided it is in the
A)
Public interest
B)
National interest
C)
Both (a) and (b)
D)
None of the above
Under the Constitution of India, the distribution of legislative powers is divided between the Union and the States via the Seventh Schedule. Generally, Parliament legislates on the Union List and State Legislatures on the State List. However, Article 249 of the Constitution provides a specific mechanism where Parliament can legislate on a matter in the State List if the Rajya Sabha (the Council of States) passes a resolution supported by not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the 'national interest' that Parliament should make laws for the whole or any part of India with respect to that matter.
- Option (a) 'Public interest' is a general legal term but is not the specific constitutional trigger for Article 249.
- Option (b) 'National interest' is the precise terminology used in Article 249 of the Constitution of India.
- Option (c) is incorrect because only 'national interest' is the constitutional requirement for this specific power transfer.
The President’s rule under Article 356 of the Constitution of India remains valid in the State for maximum period of
A)
One month
B)
Three months
C)
Six months
D)
One year
Under Article 356 of the Constitution of India, when a proclamation of President's Rule is issued, it must be approved by both Houses of Parliament. According to the constitutional provisions, such a proclamation expires six months from the date of its issue unless it is approved by Parliament. Once approved by Parliament, it continues to operate for a period of six months. While it can be extended beyond this period (up to a maximum of three years under specific conditions), the standard validity period for a single approval cycle is six months. Therefore, in the context of the provided options, 'Six months' is the correct duration for the validity of the rule before it requires further parliamentary approval for extension.
- Option (a) One month: Incorrect. This is not the validity period for President's Rule.
- Option (b) Three months: Incorrect. This is not the constitutional timeframe for Article 356.
- Option (d) One year: Incorrect. While the rule can be extended, the basic unit of validity/approval is six months.
Seventh Schedule is concerned with …………?
A)
From languages
B)
Partition of powers between center and states
C)
From the judicial areas of the states
D)
From Panchayati Raj
The Seventh Schedule of the Constitution of India defines the allocation of powers between the Union (Central Government) and the State Governments. It achieves this by dividing legislative jurisdiction into three distinct lists: 1. The Union List (subjects on which only the Parliament can legislate), 2. The State List (subjects on which State Legislatures generally legislate), and 3. The Concurrent List (subjects on which both the Parliament and State Legislatures can legislate).
Analysis of other options:
- Option (a) is incorrect because languages are primarily dealt with under the Eighth Schedule.
- Option (c) is incorrect as judicial areas are governed by specific constitutional articles and laws, not the Seventh Schedule.
- Option (d) is incorrect because Panchayati Raj was institutionalized via the 73rd and 74th Constitutional Amendment Acts, adding the Eleventh and Twelfth Schedules respectively.
A Judge of the Supreme Court can be removed from his office on the ground(s) of
A)
Proved misbehavior or incapacity.
B)
Violation of the Constitution.
C)
Both (a) and (b)
D)
None of the above
Under the Constitution of India, the procedure and grounds for the removal of a Judge of the Supreme Court are specifically outlined in Article 124(4). According to this Article, a Judge of the Supreme Court may be removed from his office by an order of the President passed after an address by each House of Parliament has been presented to him in the same session. The Constitution explicitly states that a judge can only be removed on the grounds of 'proved misbehaviour or incapacity'.
- Option (a) is correct as it mirrors the exact constitutional language used in Article 124(4).
- Option (b) 'Violation of the Constitution' is not a standalone ground for removal listed in the Constitution; any such violation would have to be categorized under 'proved misbehaviour'.
- Option (c) is incorrect because (b) is not a separate legal ground.
- Option (d) is incorrect because a valid ground exists in option (a).
An agreement consists of reciprocal promises between at least
A)
Four parties.
B)
Six parties.
C)
Three parties.
D)
Two parties.
In Contract Law, a 'reciprocal promise' is defined as a promise which forms the consideration or part of the consideration for another promise. For a reciprocal promise to exist, there must be a mutual exchange of obligations. This requires a minimum of two distinct legal entities (parties): one party making a promise to the other, and the second party making a promise in return. While a contract can involve more than two parties (multilateral contracts), the minimum requirement for 'reciprocal' promises is two parties. Therefore, options a, b, and c are incorrect as they specify numbers higher than the minimum legal requirement.
Art. 51A of the Constitution of India provides for the Fundamental Duties of
A)
Citizens of India
B)
Public Servants
C)
All those who run public and private sectors
D)
Prime Minister and his Council of Ministers
Article 51A of the Constitution of India outlines the Fundamental Duties. These duties were not part of the original Constitution but were added by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee. The text of Article 51A explicitly begins with: 'It shall be the duty of every citizen of India...'.
Reasoning for other options:
- Option (b) Public Servants: While public servants have specific codes of conduct and legal obligations, the Fundamental Duties under Art. 51A apply to all citizens regardless of their employment status.
- Option (c) All those who run public and private sectors: This is too narrow; the duties apply to every individual citizen, not just business owners or administrators.
- Option (d) Prime Minister and his Council of Ministers: While they are citizens and thus bound by these duties, Art. 51A is not exclusive to them; it is a general mandate for the entire citizenry.
Where a judge vacated office after pronouncing judgment but without signing decree the decree may be signed by____________ as provided by O. XX, R. 8,
A)
Court Officer
B)
The successor of decree passing judge
C)
District Judge
D)
High court judge
The question pertains to Order XX, Rule 8 of the Code of Civil Procedure (CPC). According to Order XX, Rule 8, if a judge who has pronounced the judgment vacates their office before signing the decree, the decree may be signed by the judge who succeeds to the office. This ensures that the judicial process is not stalled due to the administrative change of the presiding officer after the decision (judgment) has already been formally delivered.
- Option (a) 'Court Officer' is incorrect because a Court Officer does not possess judicial authority to sign a decree.
- Option (c) 'District Judge' is incorrect as the authority specifically vests in the successor of the judge who passed the judgment, regardless of whether that judge is a District Judge or a subordinate judge.
- Option (d) 'High court judge' is incorrect as the High Court does not step in to sign decrees of trial courts unless it is acting in an appellate or revisional capacity.
Section 135, C.P.C. exempt____________ from arrest under civil processes.
A)
Police Officers
B)
Politicians
C)
Judge, Magistrate, Judicial Officers
D)
Court officer
Section 135 of the Code of Civil Procedure (CPC), 1908, specifically deals with the exemption of certain judicial officers from arrest under civil processes. According to this section, a Judge, Magistrate, or any other judicial officer shall not be arrested under civil process while going to, attending, or returning from his court, nor shall he be arrested, imprisoned, or detained in any civil process for anything done or said in the exercise of his judicial office. This provision is designed to ensure the independence of the judiciary and to prevent the obstruction of judicial proceedings.
- Option (a) Police Officers: While police officers have certain protections under other laws, they are not the primary subjects of exemption under Section 135 CPC.
- Option (b) Politicians: There is no general exemption for politicians from arrest under civil processes in the CPC.
- Option (d) Court officer: While 'court officers' may include various staff, the specific legal protection under Section 135 is reserved for those exercising judicial functions (Judges, Magistrates, and Judicial Officers).
A Gratuitous Promise can
A)
Be enforced
B)
Not be enforced
C)
Be enforced in court of law
D)
None of above
Under the Indian Contract Act, 1872 (and general common law principles), a valid contract requires 'consideration'. Consideration is the price paid by one party for the promise of the other. A 'gratuitous promise' is a promise made without any consideration (i.e., a promise to give something for nothing). According to Section 25 of the Indian Contract Act, an agreement made without consideration is void. Therefore, a gratuitous promise is generally not legally binding and cannot be enforced in a court of law.
Exceptions exist (such as promises made out of natural love and affection, or promises to compensate for past voluntary services), but as a general rule of law, a gratuitous promise is unenforceable.
- Option (a) and (c) are incorrect because they suggest the promise is enforceable, which contradicts the requirement of consideration.
- Option (d) is incorrect because option (b) accurately describes the legal status of a gratuitous promise.
A promise to give money or money’s worth upon the determination or ascertainment of an uncertain event is called
A)
Wagering Agreement
B)
Unlawful Agreement
C)
Illegal Agreement
D)
Voidable Agreement
The question describes the legal definition of a 'Wager'. Under Section 30 of the Indian Contract Act, 1872, an agreement by which persons agree to pay money or money's worth upon the determination or ascertainment of an uncertain event is a wagering agreement. The essence of a wager is that one party wins and the other loses based on the outcome of an event that is outside the control of the parties.
Why other options are incorrect:
- b. Unlawful Agreement: This is a broad term for any agreement that is forbidden by law or against public policy. While wagering agreements are void (and in some states illegal), not all unlawful agreements are based on the ascertainment of an uncertain event.
- c. Illegal Agreement: An illegal agreement is one that is expressly forbidden by law. While some wagers may be illegal depending on local statutes (like the Public Gambling Act), the specific definition provided in the question is the textbook definition of a 'Wager'.
- d. Voidable Agreement: A voidable contract is one that is enforceable by law at the option of one or more of the parties, but not at the option of the others (e.g., contracts entered into under coercion or fraud). A wager is generally void ab initio (from the beginning), not voidable.
The expression “Privity of contract” means
A)
A Contract is Contract between the parties only
B)
A Contract is a private document
C)
Only private documents can be contracts
D)
The contacts may be expressed in some usual and reasonable manner.
The doctrine of 'Privity of Contract' is a fundamental principle of Common Law and Contract Law. It stipulates that a contract cannot confer rights or impose obligations on any person who is not a party to that contract. In simpler terms, only the parties who entered into the agreement have the legal standing to sue or be sued upon it.
Analysis of options:
- Option (a) is correct because it accurately describes the essence of privity: the contractual relationship exists exclusively between the parties to the agreement.
- Option (b) is incorrect because 'privity' refers to the legal relationship between parties, not the physical or confidential nature of the document.
- Option (c) is incorrect because contracts can be public (e.g., government tenders) or private; the nature of the document does not define privity.
- Option (d) is incorrect as it describes the 'form' or 'expression' of a contract (whether it is express or implied), which is unrelated to the doctrine of privity.
A Contract of Indemnity is
A)
Void Agreement
B)
Quasi Contract
C)
Contingent Contract
D)
Wagering Contract
Step-by-step reasoning: 1. Definition of Indemnity: Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person. 2. Definition of Contingent Contract: Under Section 31, a contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. 3. Relationship: In a contract of indemnity, the liability of the indemnifier to pay is conditional (contingent) upon the occurrence of a loss. Since the performance depends on the happening of an uncertain event (the loss), it is a species of contingent contract. 4. Analysis of other options: (a) Void Agreement: Indemnity is a valid, enforceable contract. (b) Quasi Contract: Quasi-contracts are not actual contracts based on agreement but are imposed by law to prevent unjust enrichment; indemnity is a formal agreement. (d) Wagering Contract: A wager is a bet on an uncertain event where no one has a genuine interest in the event other than the stake; indemnity is a risk-management tool to protect against actual loss.