Constitutional and Administrative Law MCQ Quiz in தமிழ் - Objective Question with Answer for Constitutional and Administrative Law - இலவச PDF ஐப் பதிவிறக்கவும்

The correct answer is Option 4.

Key Points

• Natural Justice is a principle of law that ensures fairness in the decision-making process. It includes two main rules: "audi alteram partem" (the right to be heard) and "nemo judex in causa sua" (no one should be a judge in their own cause). These principles aim to ensure fair procedures when administrative or judicial decisions affect individuals' rights or interests.

1. Cases that fall within the second proviso to Article 311(2):

   • Explanation:
     • Article 311(2) of the Indian Constitution provides protections to civil servants, ensuring that they are not dismissed, removed, or reduced in rank without a reasonable opportunity to be heard.
     • The second proviso to Article 311(2) lists exceptions where these protections may not apply, such as situations where the President or the Governor is satisfied that it is not expedient in the interest of the security of the state to give such an opportunity.
   • Applicability of Natural Justice:
     • In these exceptional cases, the principle of Natural Justice may not be strictly applied due to overriding concerns like national security.

2. Cases where administrative action affects a larger number of persons:

   • Explanation:
     • When an administrative action affects a large number of people, the process might involve general rules or policies.
   • Applicability of Natural Justice:
     • In such cases, individual hearings for every affected person may not be feasible. However, Natural Justice can still be applied in ensuring that the policy-making process is transparent and fair.

3. Framing delegated legislation:

   • Explanation:
     • Delegated legislation refers to laws or regulations enacted by an authority under powers given to them by primary legislation.
   • Applicability of Natural Justice:
     • Natural Justice is generally not applied to the process of framing delegated legislation as it involves policy decisions rather than adjudication of individual rights.

4. Refusal of License:

   • Explanation:
     • When an administrative authority decides to refuse a license, it directly affects the rights or interests of the applicant.
   • Applicability of Natural Justice:
     • In such cases, the principles of Natural Justice are applicable. The authority must provide the applicant with an opportunity to be heard and explain the reasons for refusal. This ensures a fair and transparent decision-making process.

• Among the given options, the principle of Natural Justice is most directly applicable in cases of the refusal of a license. This is because such a decision affects the rights and interests of an individual, necessitating a fair hearing and explanation. Therefore, the correct answer is Option 4: Refusal of License.

Key Points Answer: 3) 44th Amendment Act
Explanation: The 44th Amendment Act of 1978 made a significant change by ensuring that Articles 20 (Protection in respect of conviction for offences) and 21 (Protection of life and personal liberty) could not be suspended even during a National Emergency, thus restricting the scope of Article 359. This makes option C correct. The other options refer to different amendments that did not make this specific change.

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 'All the Courts'

Key Points

• Law declared by the Supreme Court:
  • The Supreme Court of India is the highest judicial authority in the country, and its decisions are considered final and binding.
  • Article 141 of the Indian Constitution states that the law declared by the Supreme Court shall be binding on all courts within the territory of India.
  • This ensures a uniform interpretation and application of the law across the country, maintaining consistency and stability in the legal system.

Additional Information

• Options Overview:
  • All Subordinate Courts only:
    • This option is incorrect because the law declared by the Supreme Court is not limited to subordinate courts but applies to all courts within India.
  • All High Courts only:
    • This option is incorrect as well since the binding nature of the Supreme Court's decisions extends beyond High Courts to include all courts within the country.
  • All the Foreign Tribunals:
    • This option is incorrect because the jurisdiction of the Supreme Court of India does not extend to foreign tribunals. Its decisions are binding only within the territory of India.

The correct answer is Option 4.

Key Points