I85PREP
⌘ K
IA Bar study materials
IA Bar study resources

IA Bar practice questions

One question at a time. Build your IA Bar understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Procedure

Under the Federal Rules of Civil Procedure, a plaintiff who files suit in federal court based on diversity of citizenship must generally serve the defendant with the summons and complaint within how many days after the complaint is filed?

  1. 120 days
  2. 21 days
  3. 60 days
  4. 90 days Correct answer.

Explanation

Rule 4(m) requires service of the summons and complaint within 90 days after the complaint is filed. If service is not made within that period, the court must dismiss the action without prejudice or order service within a specified time, absent a showing of good cause.

Question 2Civil Procedure

A defendant receives proper notice of a federal lawsuit and files an answer that raises only a counterclaim against the plaintiff, without asserting a defense of lack of personal jurisdiction. In most circuits, what is the consequence for the personal jurisdiction defense?

  1. It is waived because it was not raised in the first responsive pleading or pre-answer motion Correct answer.
  2. It is preserved automatically because it is constitutional in nature
  3. It may be raised for the first time on appeal as a jurisdictional matter
  4. It remains available until the close of discovery

Explanation

Rule 12(h)(1) provides that a defense of lack of personal jurisdiction is waived if it is neither raised in a pre-answer motion nor included in the first responsive pleading. Because the defendant appeared and answered without raising it, the defense is lost in most circuits.

Question 3Civil Procedure

Which pleading standard governs a plaintiff's complaint in federal court under the Federal Rules of Civil Procedure?

  1. Specific evidentiary facts supporting each element of the claim
  2. A detailed legal memorandum citing controlling authority
  3. A verified affidavit attached to every allegation
  4. A short and plain statement of the claim showing entitlement to relief Correct answer.

Explanation

Rule 8(a)(2) requires only a short and plain statement of the claim showing that the pleader is entitled to relief. The Supreme Court in Twombly and Iqbal clarified that this demands plausibility, but the formal rule remains a short and plain statement rather than evidentiary detail.

Question 4Civil Procedure

A plaintiff sues in federal court on a state-law claim, and the defendant moves to dismiss for failure to state a claim. Which body of law supplies the substantive rule of decision in this diversity action?

  1. The law of the state where the defendant resides, regardless of the forum
  2. A uniform federal standard adopted by the Supreme Court
  3. Federal common law developed by the federal courts
  4. State law, as determined by the forum state's highest court or, absent controlling precedent, the federal court's best prediction Correct answer.

Explanation

Under Erie Railroad v. Tompkins, federal courts sitting in diversity apply state substantive law. When the state's highest court has not spoken, the federal court must predict how that court would rule, often looking to intermediate appellate decisions.

Question 5Civil Procedure

A federal court has subject-matter jurisdiction over a case in which the plaintiff asserts a federal claim and a related state claim against the same defendant. What is the court's authority over the state claim?

  1. Diversity jurisdiction, if the amount in controversy exceeds $75,000
  2. Original federal-question jurisdiction, because the state claim is pendent
  3. No jurisdiction, because state claims cannot be heard with federal claims
  4. Supplemental jurisdiction under 28 U.S.C. § 1367, because the state claim forms part of the same case or controversy Correct answer.

Explanation

Section 1367 grants supplemental jurisdiction over claims so related to claims with original jurisdiction that they form part of the same case or controversy under Article III. The state claim need not independently satisfy diversity or federal-question jurisdiction.

Question 6Civil Procedure

A defendant wishes to challenge the sufficiency of the allegations in a complaint before filing an answer. Which motion is the proper vehicle under the Federal Rules?

  1. A motion for summary judgment under Rule 56
  2. A motion in limine
  3. A motion to strike under Rule 12(f) attacking the entire complaint
  4. A motion to dismiss for failure to state a claim under Rule 12(b)(6) Correct answer.

Explanation

Rule 12(b)(6) permits a party to raise by motion the defense of failure to state a claim upon which relief can be granted before filing a responsive pleading. The motion tests the legal sufficiency of the allegations, not the evidence.

Question 7Civil Procedure

A plaintiff files suit in federal court and the defendant moves to dismiss for improper venue. Where is venue generally proper under 28 U.S.C. § 1391(b)?

  1. Only in the district where the plaintiff resides
  2. In a judicial district where any defendant resides, if all defendants reside in the same state, or where a substantial part of the events occurred, or where any defendant is subject to personal jurisdiction if no other district is proper Correct answer.
  3. Only in the district where the defendant's principal place of business is located
  4. In any district the plaintiff selects, because venue is waivable

Explanation

Section 1391(b) provides three alternatives: a district where any defendant resides if all reside in the same state, a district where a substantial part of the events or omissions occurred, or, as a fallback, a district where any defendant is subject to personal jurisdiction.

Question 8Civil Procedure

In a federal civil action, a party may remove a case from state court to federal court only if which condition is satisfied?

  1. The amount in controversy exceeds $75,000 in every case
  2. The federal court would have had original jurisdiction over the action Correct answer.
  3. The plaintiff consents in writing
  4. The state court has already entered a final judgment

Explanation

Under 28 U.S.C. § 1441, a defendant may remove only if the federal district court would have original jurisdiction over the action. Removal is not available merely because a party prefers a federal forum.

Question 9Civil Procedure

A plaintiff asserts a claim for $80,000 against a defendant who is a citizen of the same state as the plaintiff. May the federal court exercise diversity jurisdiction over the claim?

  1. Yes, because the plaintiff may waive the diversity requirement
  2. No, because complete diversity of citizenship is absent Correct answer.
  3. No, because the amount in controversy is too low
  4. Yes, because the amount in controversy exceeds $75,000

Explanation

Diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity, meaning no plaintiff may share citizenship with any defendant. The amount in controversy is satisfied here, but the citizenship overlap defeats jurisdiction.

Question 10Civil Procedure

A plaintiff sues two defendants in federal court. The plaintiff serves defendant A, who timely answers. Defendant B is never served within the Rule 4(m) period, and the plaintiff shows no good cause. What is the proper result as to defendant B?

  1. The court must transfer the case to state court
  2. The court must enter default judgment against defendant B
  3. The court must dismiss the entire action with prejudice
  4. The court must dismiss the action without prejudice as to defendant B or order service within a specified time Correct answer.

Explanation

Rule 4(m) directs that if service is not made within 90 days and the plaintiff fails to show good cause, the court must dismiss the action without prejudice as to that defendant or order service within a specified time. The action otherwise proceeds against served defendants.

Question 11Civil Procedure

Which discovery tool permits a party to compel a nonparty witness to produce documents and appear for a deposition in a federal case?

  1. An interrogatory under Rule 33
  2. A request for production under Rule 34
  3. A request for admission under Rule 36
  4. A subpoena duces tecum issued under Rule 45 Correct answer.

Explanation

Rule 45 authorizes subpoenas directing a nonparty to produce documents or tangible things and to appear for testimony. Requests for production under Rule 34 apply to parties, not nonparties.

Question 12Civil Procedure

A party receives an interrogatory that seeks information protected by the attorney-client privilege. What is the proper response under the Federal Rules?

  1. State the objection and the specific ground, and identify the nature of the withheld information without revealing privileged content Correct answer.
  2. Ignore the interrogatory entirely
  3. Provide a partial answer and destroy the privileged documents
  4. Answer fully and then move to seal the record

Explanation

Rule 33(b)(4) requires that grounds for objection be stated with specificity, and Rule 26(b)(5) requires a party withholding privileged material to expressly claim the privilege and describe the nature of the withheld material. Silence or evasion is not a proper response.

Question 13Civil Procedure

A party fails to comply with a court order compelling discovery. Which sanction may the court impose under Rule 37?

  1. Only a contempt citation against counsel
  2. Only an award of attorney's fees
  3. Dismissing the action or entering default judgment, among other sanctions Correct answer.
  4. Only a stay of proceedings

Explanation

Rule 37(b)(2) authorizes a range of sanctions for disobeying a discovery order, including striking pleadings, dismissing the action, entering default judgment, and treating the failure as contempt. Courts may also award expenses.

Question 14Civil Procedure

A plaintiff sues in federal court and the defendant counterclaims. The defendant's counterclaim arises from the same transaction or occurrence as the plaintiff's claim. How is that counterclaim classified?

  1. An affirmative defense that need not be pleaded as a claim
  2. Compulsory, and it must be asserted or it is barred in later litigation Correct answer.
  3. A crossclaim against a co-defendant
  4. Permissive, and it may be asserted at the defendant's option

Explanation

Rule 13(a) makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party's claim. A party who fails to assert a compulsory counterclaim is generally barred from raising it in subsequent litigation.

Question 15Civil Procedure

A defendant wants to bring a third party into the lawsuit on the theory that the third party is liable to the defendant for all or part of the plaintiff's claim. Which procedural device applies?

  1. An impleader complaint under Rule 14 Correct answer.
  2. A crossclaim under Rule 13(g)
  3. An intervention under Rule 24
  4. A class action under Rule 23

Explanation

Rule 14 permits a defending party to serve a third-party complaint on a person who is or may be liable to the defending party for all or part of the claim against it. This is the mechanism of impleader.

Question 16Civil Procedure

Which requirement is necessary for a class to be certified under Rule 23(a)?

  1. The representative parties will fairly and adequately protect the interests of the class Correct answer.
  2. Every class member has filed a written consent to join
  3. The claims involve only federal questions
  4. The class has at least 500 members

Explanation

Rule 23(a) sets four prerequisites: numerosity, commonality, typicality, and adequacy of representation. Adequacy looks at whether the representatives and their counsel will fairly protect class interests.

Question 17Civil Procedure

A plaintiff moves for summary judgment. What standard governs whether the motion should be granted?

  1. The movant has presented more evidence than the nonmovant
  2. There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law Correct answer.
  3. The nonmovant has failed to respond within the time allowed
  4. The pleadings alone establish the claim

Explanation

Rule 56(a) permits summary judgment only when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court views the evidence in the light most favorable to the nonmovant.

Question 18Civil Procedure

In a jury trial, a defendant believes the plaintiff has failed to present legally sufficient evidence on an element of the claim. What motion may the defendant make at the close of the plaintiff's case?

  1. A motion to dismiss for lack of subject-matter jurisdiction
  2. A motion to compel arbitration
  3. A motion for judgment as a matter of law under Rule 50(a) Correct answer.
  4. A motion for a new trial under Rule 59

Explanation

Rule 50(a) allows a court to grant judgment as a matter of law when a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party. It is commonly made at the close of the plaintiff's evidence.

Question 19Civil Procedure

Which amendment to the United States Constitution supplies the due process standard for a state court's exercise of personal jurisdiction over a nonresident defendant?

  1. The Tenth Amendment
  2. The First Amendment
  3. The Fourteenth Amendment Correct answer.
  4. The Seventh Amendment

Explanation

The Fourteenth Amendment's Due Process Clause governs whether a state may exercise personal jurisdiction over a nonresident. The inquiry asks whether the defendant has minimum contacts with the forum such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.

Question 20Civil Procedure

A corporation is incorporated in Delaware with its principal place of business in Texas. It is sued in a Texas federal court by a plaintiff who is a citizen of Texas. Which statement about diversity jurisdiction is correct?

  1. Diversity depends solely on the amount in controversy
  2. Diversity is lacking because the corporation is a citizen of Texas Correct answer.
  3. Diversity exists because the corporation is incorporated in Delaware
  4. Diversity exists because the corporation's principal place of business is in Texas

Explanation

For diversity purposes, a corporation is a citizen of both its state of incorporation and its principal place of business under 28 U.S.C. § 1332(c)(1). Because the corporation is a Texas citizen and the plaintiff is also a Texas citizen, complete diversity is absent.

Question 21Civil Procedure

A party seeks to compel arbitration under the Federal Arbitration Act. What is the general role of the federal court when the parties have a valid arbitration agreement covering the dispute?

  1. Dismiss the arbitration agreement as unenforceable per se
  2. Deny arbitration because federal courts favor litigation
  3. Transfer the case to state court
  4. Stay the action and compel arbitration Correct answer.

Explanation

The Federal Arbitration Act reflects a liberal federal policy favoring arbitration. Where a valid agreement covers the dispute, courts generally compel arbitration and stay the litigation under 9 U.S.C. § 3.

Question 22Civil Procedure

A plaintiff obtains a judgment in federal court. Which rule governs the availability of relief from that judgment based on newly discovered evidence?

  1. Rule 60(b), which permits relief from a final judgment for specified reasons including newly discovered evidence Correct answer.
  2. Rule 4, which governs service of process
  3. Rule 12(b), which governs pre-answer motions
  4. Rule 26, which governs discovery

Explanation

Rule 60(b) allows a court to relieve a party from a final judgment, order, or proceeding for reasons including newly discovered evidence that could not have been discovered earlier with reasonable diligence. Motions under Rule 60(b)(2) must generally be brought within one year.

Question 23Civil Procedure

A defendant moves to dismiss a complaint for lack of subject-matter jurisdiction. Which statement about the court's treatment of this motion is correct?

  1. The court must accept all jurisdictional allegations as true and may not look beyond the complaint
  2. The court may consider evidence outside the pleadings and may resolve factual disputes about jurisdiction Correct answer.
  3. The motion is waived if not raised in the answer
  4. The court must transfer the case to state court automatically

Explanation

When subject-matter jurisdiction is challenged, the court may look beyond the pleadings and consider extrinsic evidence to determine whether jurisdiction exists. Unlike a Rule 12(b)(6) motion, the court is not confined to the allegations.

Question 24Civil Procedure

A federal court sitting in diversity must decide whether to apply a state rule limiting punitive damages. The rule is arguably procedural but substantially affects the outcome. Which approach best reflects the Erie analysis?

  1. Apply the state rule if it is bound up with the state's substantive policy and failure to apply it would encourage forum shopping or inequitable administration of the law Correct answer.
  2. Always apply state law in diversity cases without exception
  3. Apply the law of the state where the federal courthouse is located only if the parties agree
  4. Always apply federal procedural rules regardless of outcome effects

Explanation

Under Erie and Hanna, a federal court applies state substantive law. When a state rule is arguably procedural but affects substantive rights, courts consider whether applying federal law would lead to forum shopping or inequitable administration of the laws, and whether the state interest is strong.

Question 25Civil Procedure

A plaintiff files a claim in federal court that is barred by the applicable state statute of limitations. The defendant raises the limitations defense in the answer. How should the court treat the defense at the pleading stage?

  1. The court must certify the limitations question to the state supreme court
  2. The court must hold a jury trial solely on the limitations issue before any other proceedings
  3. The court may dismiss the claim if the limitations bar is apparent on the face of the complaint and no facts suggest tolling Correct answer.
  4. The court must ignore the defense because limitations is an affirmative defense that cannot support dismissal

Explanation

A statute of limitations defense is an affirmative defense under Rule 8(c), but a claim may be dismissed on that basis when the bar is clear from the complaint and no tolling facts appear. The court need not await summary judgment if the defect is apparent on the pleadings.

Question 26Constitutional Law

Under the Indian Constitution, which Article guarantees the right to move the Supreme Court directly for enforcement of Fundamental Rights?

  1. Article 142
  2. Article 32 Correct answer.
  3. Article 226
  4. Article 136

Explanation

Article 32 confers a guaranteed right to approach the Supreme Court by appropriate proceedings for enforcement of Fundamental Rights, and the Court may issue writs for that purpose. Dr. Ambedkar described it as the heart and soul of the Constitution. Article 226 gives similar but broader writ power to High Courts.

Question 27Constitutional Law

The Fundamental Rights in Part III of the Indian Constitution are enforceable primarily against which of the following?

  1. Private individuals in all their dealings
  2. Registered political parties only
  3. The State, including government instrumentalities Correct answer.
  4. Foreign governments and their agencies

Explanation

Article 12 defines the State broadly to include government, Parliament, state legislatures, local authorities and other authorities within India or under government control. Fundamental Rights are generally enforceable against this State action. Horizontal application against purely private persons is limited and arises mainly under Articles 15(2), 17 and 23.

Question 28Constitutional Law

Which Article of the Indian Constitution abolishes untouchability and forbids its practice in any form?

  1. Article 23
  2. Article 15
  3. Article 16
  4. Article 17 Correct answer.

Explanation

Article 17 abolishes untouchability and makes its practice in any form an offence punishable by law. It is one of the few Fundamental Rights enforceable against private persons as well as the State. Parliament enforced it through the Protection of Civil Rights Act, 1955.

Question 29Constitutional Law

The power of the President to promulgate ordinances when Parliament is not in session is found in which Article?

  1. Article 123 Correct answer.
  2. Article 111
  3. Article 356
  4. Article 143

Explanation

Article 123 allows the President to promulgate ordinances at a time when both Houses are not in session, provided immediate action is necessary. An ordinance has the force of an Act but must be laid before Parliament and ceases to operate within six weeks of reassembly unless approved.

Question 30Constitutional Law

Money Bills can be introduced only in which House of Parliament, and on whose recommendation?

  1. Rajya Sabha, on the recommendation of the President
  2. Lok Sabha, on the recommendation of the Speaker
  3. Either House, on the recommendation of the Finance Minister
  4. Lok Sabha, on the recommendation of the President Correct answer.

Explanation

Article 110 defines a Money Bill, and Article 117 requires that such a Bill be introduced only in the Lok Sabha on the President's recommendation. The Rajya Sabha may make recommendations but cannot amend or reject a Money Bill. The Speaker certifies whether a Bill is a Money Bill.

Question 31Constitutional Law

Which schedule of the Indian Constitution distributes legislative powers between Parliament and the State Legislatures?

  1. Eleventh Schedule
  2. Sixth Schedule
  3. Ninth Schedule
  4. Seventh Schedule Correct answer.

Explanation

The Seventh Schedule contains the Union List, State List and Concurrent List, which allocate legislative competence under Articles 245 and 246. The Union List covers subjects of national importance, the State List local subjects, and the Concurrent List subjects on which both may legislate.

Question 32Constitutional Law

The Preamble to the Indian Constitution declares India to be which form of polity?

  1. A sovereign socialist secular democratic republic Correct answer.
  2. A sovereign democratic monarchy
  3. A unitary democratic state
  4. A federal union with a ceremonial president

Explanation

The Preamble, as amended by the 42nd Amendment, describes India as a sovereign socialist secular democratic republic. It also records the objectives of justice, liberty, equality and fraternity. The Preamble is part of the Constitution and aids interpretation but is not itself a source of enforceable power.

Question 33Constitutional Law

Which Article provides that the Constitution may be amended by Parliament, subject to the prescribed procedure?

  1. Article 312
  2. Article 368 Correct answer.
  3. Article 249
  4. Article 356

Explanation

Article 368 lays down the procedure for amendment, requiring a Bill in either House and, for entrenched provisions, ratification by half the State Legislatures. The Supreme Court in Kesavananda Bharati held that Parliament cannot amend the basic structure. The procedure is neither purely rigid nor purely flexible.

Question 34Constitutional Law

A State government issues an order denying admission to a state-aided private college solely on the ground of religion. Which Fundamental Right is most directly violated?

  1. Article 19(1)(a)
  2. Article 15(2)
  3. Article 21A
  4. Article 29(2) Correct answer.

Explanation

Article 29(2) prohibits denial of admission to any educational institution maintained by the State or receiving state aid on grounds only of religion, race, caste or language. Because the institution is state-aided, the clause applies directly. Article 15(2) addresses access to shops, public restaurants, hotels and places of public entertainment, and use of wells and roads.

Question 35Constitutional Law

A person is detained under a preventive detention law. Within what period must the grounds of detention be communicated to enable an early representation?

  1. Within thirty days
  2. As soon as may be Correct answer.
  3. Only after the advisory board reports
  4. Within ninety days

Explanation

Article 22(5) requires that a person detained under preventive detention be informed of the grounds of detention as soon as may be, and be afforded the earliest opportunity to make a representation. These are mandatory safeguards, and unexplained delay can vitiate the detention.

Question 36Constitutional Law

Parliament enacts a law on a Concurrent List subject that directly conflicts with an existing State law on the same subject. The State law will ordinarily be void to the extent of repugnancy unless which condition applies?

  1. The State law received the President's assent Correct answer.
  2. The State law is older than the central law
  3. The State law was passed unanimously
  4. The State law is supported by a state resolution

Explanation

Under Article 254, a State law on a Concurrent subject that is repugnant to a central law is void to the extent of repugnancy. However, if the State law has been reserved for and received the President's assent, it prevails in that State, though Parliament may still later legislate.

Question 37Constitutional Law

The President returns a Bill passed by both Houses for reconsideration. Parliament passes it again and resends it. What must the President then do?

  1. Give assent Correct answer.
  2. Refer it to the Supreme Court
  3. Return it a second time
  4. Dissolve the Lok Sabha

Explanation

Article 111 requires the President to declare assent, withhold assent, or return a non-Money Bill for reconsideration. If Parliament passes the Bill again with or without amendment and presents it, the President shall not withhold assent. The veto can therefore be used only once for such Bills.

Question 38Constitutional Law

A law imposes a restriction on the freedom of speech that is not saved by any of the grounds in Article 19(2). Which standard will a court apply?

  1. The restriction stands if Parliament intended public good
  2. The restriction is unconstitutional for lack of a listed ground Correct answer.
  3. The restriction is valid if the State legislature enacted it
  4. The restriction stands if it is reasonable

Explanation

Article 19(1)(a) protects speech and expression, and Article 19(2) permits restrictions only on specified grounds such as sovereignty, security, public order, decency and contempt of court. A restriction outside those grounds cannot be saved, and reasonableness cannot supply a missing head of restriction.

Question 39Constitutional Law

Which writ is issued to a public authority to compel performance of a public duty that it has failed to perform?

  1. Habeas corpus
  2. Certiorari
  3. Quo warranto
  4. Mandamus Correct answer.

Explanation

Mandamus commands a person or body holding public office to perform a public duty. It lies where there is a legal right and a corresponding public duty, and it is not issued against a private individual or the President in personal capacity. The other writs address different grievances.

Question 40Constitutional Law

The Supreme Court's advisory jurisdiction under Article 143 is best described as which of the following?

  1. Discretionary and non-binding Correct answer.
  2. Original and exclusive
  3. Appellate and binding
  4. Obligatory and binding

Explanation

Article 143 permits the President to refer questions of law or fact of public importance to the Supreme Court for its opinion. The Court may decline to answer, and its opinion is advisory rather than a binding adjudication between parties. It is distinct from the Court's original and appellate jurisdiction.

Question 41Constitutional Law

A person claims that a state law violates a Fundamental Right. Which court can he approach directly, and under which Article?

  1. The High Court under Article 226 Correct answer.
  2. The Supreme Court under Article 131
  3. The High Court under Article 227
  4. The Supreme Court under Article 136

Explanation

A High Court under Article 226 may issue writs for enforcement of Fundamental Rights and for other legal rights, with wider territorial reach than Article 32. The Supreme Court under Article 32 is also available, but the question asks for a direct route and Article 226 is the standard one for state laws. Article 136 is discretionary special leave.

Question 42Constitutional Law

The doctrine of basic structure, as established in Kesavananda Bharati, means which of the following?

  1. Parliament cannot amend features essential to the Constitution's identity Correct answer.
  2. Parliament cannot amend any provision of the Constitution
  3. The Preamble can override later amendments
  4. State Legislatures may veto constitutional amendments

Explanation

Kesavananda Bharati held that while Parliament has wide amending power under Article 368, it cannot destroy or abridge the basic structure or essential features of the Constitution. The doctrine does not freeze the text entirely; amendments that do not damage the basic framework remain valid. It is a limitation on, not a denial of, amending power.

Question 43Constitutional Law

Which of the following best describes the effect of Article 13 on pre-constitutional laws inconsistent with Fundamental Rights?

  1. They are referred to the Supreme Court for review
  2. They remain fully valid until repealed
  3. They are automatically re-enacted
  4. They are void to the extent of inconsistency Correct answer.

Explanation

Article 13(1) declares that all laws in force before the commencement of the Constitution, insofar as they are inconsistent with Part III, are void to the extent of such inconsistency. The doctrine of eclipse may keep such laws dormant rather than repealed. The inconsistency, not the whole statute, is the measure of invalidity.

Question 44Constitutional Law

The right to property was removed from Part III by which constitutional amendment, and where is it now placed?

  1. 44th Amendment; Article 300A Correct answer.
  2. 52nd Amendment; Article 300
  3. 1st Amendment; Article 31A
  4. 42nd Amendment; Article 31

Explanation

The 44th Amendment Act, 1978, deleted the Fundamental Right to property under Articles 31 and 19(1)(f) and inserted Article 300A, which provides that no person shall be deprived of property save by authority of law. It is now a constitutional right, not a Fundamental Right. This means it is not directly enforceable under Article 32.

Question 45Constitutional Law

A statute authorises the executive to fix prices without laying down any criteria or limits. Which challenge is most likely to succeed?

  1. Denial of the right to free education
  2. Breach of parliamentary privilege
  3. Violation of the right to equality
  4. Excessive delegation of legislative power Correct answer.

Explanation

The legislature may delegate subordinate rule-making but must lay down policy, guidelines and limits; uncontrolled discretion without standards amounts to excessive delegation. Courts examine whether the essential legislative function has been abdicated. The other options concern unrelated constitutional provisions.

Question 46Constitutional Law

Under the doctrine of colourable legislation, a law is invalid when which of the following is true?

  1. The law is retrospective
  2. The law is merely unwise
  3. The law imposes a tax that is high
  4. The legislature lacks competence and has disguised the subject Correct answer.

Explanation

The doctrine of colourable legislation asks whether the legislature, while appearing to act within its competence, has in substance legislated on a subject outside its list. It is a question of legislative competence, not of the wisdom or harshness of the law. If the pith and substance falls within its powers, the law is valid.

Question 47Constitutional Law

A law restricts a Fundamental Right and is challenged. Under the proportionality standard applied in Indian constitutional review, which factor is central?

  1. Whether a less restrictive alternative exists to achieve the aim Correct answer.
  2. Whether the law was recommended by the executive
  3. Whether the law has been in force for five years
  4. Whether the law was passed by a special majority

Explanation

Proportionality requires a legitimate aim, a rational connection, necessity in the sense of the least restrictive means, and a fair balance between the restriction and the aim. The existence of a less restrictive alternative is central to the necessity inquiry. A special majority or executive recommendation is irrelevant to substantive review.

Question 48Constitutional Law

Which of the following is the correct statement about the interplay of Article 32 and Article 226?

  1. Neither is a constitutional remedy
  2. Article 32 is a Fundamental Right, while Article 226 is a discretionary constitutional power Correct answer.
  3. Article 226 is a Fundamental Right, while Article 32 is discretionary
  4. Both are Fundamental Rights

Explanation

Article 32 is itself a Fundamental Right, and the Supreme Court's power to issue writs for enforcement of Part III cannot be refused by pleading lack of ordinary jurisdiction. Article 226 confers a wider discretionary power on High Courts, including for non-Fundamental Rights, and is not itself a Fundamental Right. This distinction affects maintainability and discretion.

Question 49Constitutional Law

A State imposes a tax on the entry of goods into a local area for consumption, use or sale, but the levy is used to compensate for services rendered. Which statement is correct?

  1. All entry taxes are prohibited without exception
  2. The levy is valid only if it is uniform across India
  3. The levy is valid only if Parliament ratifies it
  4. A compensatory levy may be valid even though entry taxes are otherwise restricted Correct answer.

Explanation

Article 301 guarantees freedom of trade, commerce and intercourse throughout India, and Article 304 restricts state taxation of goods from other states. However, compensatory levies that reimburse services provided to the goods may escape the prohibition, as Indian case law recognises. The levy must be genuinely compensatory, not a disguised restriction.

Question 50Constitutional Law

Which of the following statements about the President's power to grant pardons is accurate?

  1. It extends to sentences by courts martial and to death sentences Correct answer.
  2. It extends only to state offences
  3. It is subject to prior approval of the Supreme Court
  4. It is limited to offences committed before 1950

Explanation

Article 72 empowers the President to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute sentences, in cases including court martial and all death sentences. The power is exercised on ministerial advice and is subject to judicial review on limited grounds. Governors under Article 161 do not have the death sentence power in the same way.