AIBE-19: Constitutional Law PYQs

Q1. In which case was a registered society held to be an “authority” for the purpose of Article 12?
A. Som Prakash vs. Union society hel
B. Ajay Hasia vs. Khalid Mujib
C. Sukhdev vs. Bhagatram
D. R.D. Shetty vs. International Airport Authority

Answer: B. Ajay Hasia vs. Khalid Mujib
Explanation: In the case of Ajay Hasia vs. Khalid Mujib, the Supreme Court laid down a comprehensive test to determine whether a body is an agency or instrumentality of the state and thus an “authority” under Article 12. The Court held that a registered society could be considered a state if it is financially, functionally, and administratively dominated by or under the control of the government.

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Q2. In which case did the Supreme Court of India held that fundamental rights cannot be waived?
A. Gopala vs. State of Madras
B. Kameshwar Singh vs. State of Bihar
C. Golaknath vs. State of Punjab
D. Basheshar Nath vs. I.T. Commissioner

Answer: D. Basheshar Nath vs. I.T. Commissioner
Explanation: In Basheshar Nath vs. I.T. Commissioner, the Supreme Court held that a person cannot waive their fundamental rights. The Court reasoned that fundamental rights were not merely for the benefit of the individual but were a matter of public policy and a part of the constitutional scheme to build an egalitarian society.

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Q3. By which Constitutional Amendment was clause (4B) inserted into Article 16?
A. 81
B. 91
C. 77
D. 85

Answer: A. 81
Explanation: The Constitution (81st Amendment) Act, 2000, inserted Clause (4B) into Article 16. This clause enables the state to carry forward unfilled vacancies of a year which are reserved for SCs/STs, treating them as a separate class of vacancies to be filled in any succeeding year. It ensures that the 50% ceiling on reservation is not applied to these backlog vacancies.

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Q4. Which of the following statement is correct about 106th Constitutional Amendment Act?
(Note: This question was withdrawn by the Bar Council of India in the official AIBE-19 answer key, likely due to inaccuracies in the options provided.)
A. (i), (ii) & (iii)
B. (i), (iii) & (iv)
C. (ii), (iii) & (iv)
D. All of these

Answer: Withdrawn
Explanation: The 106th Constitutional Amendment Act, 2023 (also known as the Nari Shakti Vandan Adhiniyam) provides for the reservation of one-third of all seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. It inserted Articles 330A, 332A, and 334A. The implementation is contingent upon a delimitation exercise to be conducted after the first census taken after the commencement of the Act. The reservation is for a period of 15 years, but Parliament can extend it. The options provided in the question contained several inaccuracies, leading to its withdrawal.

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Q5. The Parliament enacts the “Fair Housing Act, 2024″… What principle did the court apply in this decision?
(Note: This question was withdrawn by the Bar Council of India in the official AIBE-19 answer key.)
A. Doctrine of Eclipse
B. Doctrine of Severability
C. Doctrine of Basic Structure
D. Doctrine of Colourable Legislation

Answer: Withdrawn (The correct principle described is the Doctrine of Severability)
Explanation: The scenario described is a classic application of the Doctrine of Severability, as enshrined in Article 13 of the Constitution. This doctrine states that if a part of a law is found to be unconstitutional and that part can be separated from the rest of the law without affecting the core purpose of the legislation, then only the unconstitutional part is declared void, and the rest of the law remains valid. Here, the court severed and struck down Section 10 while upholding the rest of the Act.

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Q6. The reports of the Comptroller and Auditor General of India relating to the accounts of a State shall be submitted to the:
A. Governor
B. Committee on Public Undertakings
C. Estimates Committee
D. Public Accounts Committee

Answer: A. Governor
Explanation: According to Article 151(2) of the Constitution, the reports of the Comptroller and Auditor-General of India (CAG) relating to the accounts of a State must be submitted to the Governor of that State. The Governor then causes them to be laid before the Legislature of the State.

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Q7. Which of the following Article of the Constitution of India declares that the Supreme Court shall be a court of record?
A. Article 119
B. Article 111
C. Article 129
D. Article 135

Answer: C. Article 129
Explanation: Article 129 of the Constitution of India explicitly states that the Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

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Q8. Which article deals with the powers, privileges, and immunities of Parliament and it members?
A. 107
B. 105
C. 108
D. 102

Answer: B. 105
Explanation: Article 105 of the Constitution of India deals with the powers, privileges, and immunities of the Houses of Parliament and of their members and committees. Key privileges include freedom of speech within Parliament and immunity from legal proceedings for anything said or any vote given in Parliament.

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Q9. Which Constitutional Amendment Act inserted provisions related to GST?
A. 99
B. 100
C. 101
D. 102

Answer: C. 101
Explanation: The Constitution (101st Amendment) Act, 2016, introduced the Goods and Services Tax (GST) in India. It amended the Constitution to create a single comprehensive, multi-stage, destination-based tax, replacing multiple indirect taxes levied by the central and state governments.

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Q10. Who can initiate impeachment proceedings against the President of India?
A. Either House of Parliament
B. Supreme Court
C. Only Lok Sabha
D. Rajya Sabha

Answer: A. Either House of Parliament
Explanation: The impeachment proceedings against the President of India for violation of the Constitution can be initiated by either the Lok Sabha or the Rajya Sabha, as per Article 61 of the Constitution. The charges must be signed by at least one-fourth of the members of the House that frames the charges, and a 14-day notice must be given to the President.

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AIBE-18: Constitutional Law PYQs

Q11. The concept of freedom of trade and commerce mentioned in the Indian Constitution is motivated from the experience of the following country?
A. America
B. Australia
C. Ireland
D. United Kingdom

Answer: B. Australia
Explanation: The provisions relating to the freedom of trade, commerce, and intercourse in Part XIII of the Indian Constitution (Articles 301-307) are inspired by Section 92 of the Australian Constitution, which provides for the freedom of inter-state trade.

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Q12. Which of the following writ is issued to enforce the performance of public duties by the authority?
A. Mandamus
B. Quo warranto
C. Certiorari
D. Prohibition

Answer: A. Mandamus
Explanation: The writ of Mandamus, which literally means ‘we command’, is a judicial remedy in the form of an order from a superior court to any government body, subordinate court, corporation, or public authority to perform a public or statutory duty that they have failed to perform.

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Q13. Which of the following Constitutional Amendment Act had made the provision for publishing Hindi Translation of the Constitution?
A. 52nd Amendment
B. 54th Amendment
C. 56th Amendment
D. 58th Amendment

Answer: D. 58th Amendment
Explanation: The Constitution (58th Amendment) Act, 1987, inserted Article 394-A into the Constitution. This article provides for an authoritative text of the Constitution in the Hindi language, which shall be deemed to be, for all purposes, the authoritative text thereof in Hindi.

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Q14. Which of the following is the landmark judgment on the Colourable legislation?
A. State of Bihar v Kameshwar Singh
B. M. Karunanidhi v Union of India
C. State of Karnataka v Union of India
D. Keshavan Madhava Menon v State of Bombay

Answer: A. State of Bihar v Kameshwar Singh
Explanation: The case of State of Bihar v. Kameshwar Singh is a landmark judgment on the doctrine of colourable legislation. This doctrine signifies that “what cannot be done directly cannot be done indirectly.” It is used to determine if a legislature has transgressed its constitutional powers by passing legislation that, while appearing to be within its domain, is in substance aimed at something it is not empowered to do.

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Q15. Which of the following Constitutional Amendment Act was passed in light of the advisory opinion received in Re Berubari case?
A. The Constitution (Fourth Amendment) Act, 1955
B. The Constitution (Seventh Amendment) Act, 1956
C. The Constitution (Ninth Amendment) Act, 1960
D. The Constitution (Eleventh Amendment) Act, 1961

Answer: C. The Constitution (Ninth Amendment) Act, 1960
Explanation: In the Re Berubari Union case, the Supreme Court gave an advisory opinion that the power of Parliament to diminish the area of a state (under Article 3) does not cover the cession of Indian territory to a foreign country. To cede territory, a constitutional amendment under Article 368 is required. Consequently, the 9th Amendment Act was enacted to transfer the Berubari Union territory to Pakistan.

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Q16. Which of the following provision of the Constitution of India is relevant for solving questions of repugnancy between a Central law and a State law?
A. Article 248
B. Article 252
C. Article 254
D. Article 256

Answer: C. Article 254
Explanation: Article 254 of the Constitution deals with the doctrine of repugnancy. It states that if any provision of a law made by a State Legislature is repugnant to a law made by Parliament on a subject in the Concurrent List, then the law made by Parliament shall prevail, and the State law shall, to the extent of the repugnancy, be void.

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Q17. What transition period was provided’ in the Constitution of India for changing official language of Union from English to Hindi?
A. 5 years.
B. 10 years
C. 15 years
D. 25 years

Answer: C. 15 years
Explanation: Article 343(2) of the Constitution of India provided that for a period of fifteen years from the commencement of the Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement.

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Q18. In which of the following case it was held that there could be no reservation on single post in the cadre?
A. Chakradhar Paswan’v State of Bihar
B. K.C. Vasanth Kumar v State of Karnataka
C. A.B.S.K. Sangh (Rly) v Union of India
D. State of Kerala v N.M. Thomas

Answer: A. Chakradhar Paswan’v State of Bihar
Explanation: In Dr. Chakradhar Paswan v. State of Bihar, the Supreme Court held that the policy of reservation could not be applied to a single, isolated post within a cadre. The court reasoned that applying reservation to a single post would amount to 100% reservation, which is unconstitutional. Reservation is applicable to the strength of a cadre as a whole.

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Q19. Sexual harassment of a working woman at her place of work may also be considered as the violation of which of the following provision of the Constitution of India?
A. Article 19(1)(b)
B. Article 19(1)(d)
C. Article 19(1)(e)
D. Article 19(1)(g)

Answer: D. Article 19(1)(g)
Explanation: Sexual harassment at the workplace is considered a violation of the fundamental rights guaranteed under Articles 14, 15, 21, and also Article 19(1)(g). The right to practice any profession or to carry on any occupation, trade, or business, as guaranteed by Article 19(1)(g), includes the right to a safe working environment. The Supreme Court in Vishaka v. State of Rajasthan established this link.

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Q20. Which of the following doctrine has been applied to resolve the conflict between Article 25(2)(b) and 26(b) of the Constitution of India?
A. Doctrine of Harmonious construction
B. Doctrine of Casus Omissus
C. Doctrine of Liberal interpretation
D. Doctrine of Pith and substance

Answer: A. Doctrine of Harmonious construction
Explanation: The Doctrine of Harmonious Construction is used to resolve conflicts between two provisions of the Constitution. In cases like Venkataramana Devaru v. State of Mysore, the Supreme Court applied this doctrine to harmonize Article 25(2)(b) (which allows the state to make laws for social welfare and reform, including throwing open Hindu religious institutions to all classes) and Article 26(b) (which gives religious denominations the right to manage their own affairs in matters of religion). The court held that the right of a denomination under Article 26(b) must be subject to the state’s power under Article 25(2)(b).

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