I85PREP
⌘ K
CLAT PG study materials
CLAT PG study resources

CLAT PG practice questions

One question at a time. Build your CLAT PG 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 1Constitutional Law

Under the Indian Constitution, the power to amend the Constitution is conferred by which provision, and what is the principal textual limitation on that power?

  1. Article 13(2), which bars all constitutional amendments that affect fundamental rights
  2. Article 368, subject to the doctrine that the basic structure of the Constitution cannot be destroyed Correct answer.
  3. Article 262, subject to ratification by all State Legislatures
  4. Article 356, subject to prior approval of the Inter-State Council

Explanation

Article 368 confers the amending power and prescribes the procedure, including special majority and, for certain matters, ratification by half the States. In Kesavananda Bharati the Supreme Court held that the amending power is wide but cannot be used to damage the basic structure. Article 13(2) governs ordinary legislation, not constitutional amendments.

Question 2Constitutional Law

A State law imposes a tax on the entry of goods into a local area for consumption, use or sale therein. Which constitutional provision and principle govern its validity?

  1. Article 301, since all inter-State trade must be entirely free of State levies
  2. Article 246, since local area taxes fall exclusively in the Union List
  3. Article 304(b), which permits such a levy if it is reasonable and receives the President's prior assent Correct answer.
  4. Article 286, which prohibits taxation of goods in the course of import

Explanation

Entry tax on goods for local consumption is a compensatory levy within Entry 52 of List II, but where it burdens inter-State trade it must satisfy Article 304(b): reasonableness and prior presidential assent. Article 301 guarantees freedom of trade, subject to the exceptions in Article 304. Article 286 concerns sales tax on import and export, not entry tax.

Question 3Constitutional Law

Which writ is issued to a public authority to compel the performance of a public duty that it has refused or failed to perform, where no other adequate remedy exists?

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

Explanation

Mandamus commands a person or body holding a public office to perform a public duty. Certiorari quashes a decision of a judicial or quasi-judicial body, habeas corpus secures release from unlawful detention, and quo warranto questions a person's authority to hold a public office. Mandamus lies only where the duty is public and there is no other adequate remedy.

Question 4Constitutional Law

Parliament enacts a law restricting the right to form associations on the ground of public order. Which standard of review is the Supreme Court most likely to apply under Article 19(4)?

  1. No review, since public order is a matter exclusively for the executive's subjective satisfaction
  2. A strict scrutiny standard requiring the State to show the law is the least restrictive means possible
  3. A deferential standard, since restrictions on associations are presumed valid
  4. The reasonableness standard under Article 19(4), examining whether the restriction has a rational nexus to public order Correct answer.

Explanation

Article 19(4) permits reasonable restrictions on the freedom of association in the interests of sovereignty, integrity, security, public order, decency or morality. Courts examine reasonableness, procedural safeguards and a rational connection between the restriction and the stated purpose. Indian law has not formally adopted a rigid least-restrictive-means strict scrutiny test, and restrictions are not presumed valid.

Question 5Constitutional Law

Which of the following is a Directive Principle of State Policy that the Supreme Court has read together with Article 21 to recognise the right to free and compulsory education?

  1. Article 41
  2. Article 39A
  3. Article 45 Correct answer.
  4. Article 51A

Explanation

Article 45 originally directed the State to provide free and compulsory education for children up to fourteen years, and in Unni Krishnan and later cases it was read with Article 21. Article 41 concerns the right to work, education and public assistance in certain cases, but Article 45 is the specific education directive. Article 51A is the fundamental duties provision, not a directive principle.

Question 6Constitutional Law

The President of India returns a Bill passed by Parliament for reconsideration. Parliament passes it again without amendment and sends it back. What must the President do?

  1. Assent to the Bill, since the President cannot withhold assent to a Bill passed again by both Houses Correct answer.
  2. Refer the Bill to the Supreme Court for an advisory opinion before deciding
  3. Withhold assent and dissolve the House of the People
  4. Return the Bill once more with a message suggesting amendments

Explanation

Under Article 111, the President may return a non-Money Bill for reconsideration, but if Parliament passes it again and presents it, the President must not withhold assent. The veto is therefore a suspensive one. The advisory jurisdiction under Article 143 requires a reference by the President, but it is not a mandatory step here.

Question 7Constitutional Law

Which Article of the Constitution empowers the President to promulgate Ordinances when both Houses of Parliament are not in session?

  1. Article 143
  2. Article 121
  3. Article 123 Correct answer.
  4. Article 213

Explanation

Article 123 empowers the President to promulgate Ordinances at a time when both Houses are not in session, if immediate action is necessary. Such an Ordinance must be laid before Parliament and ceases to operate six weeks after reassembly unless approved. Article 213 confers a parallel power on Governors.

Question 8Constitutional Law

A person is detained under a preventive detention law. Which safeguard is guaranteed by Article 22(5)?

  1. Communication of the grounds of detention and the earliest opportunity to make a representation Correct answer.
  2. A right to be released on bail as soon as the detention order is served
  3. A right to consult a legal practitioner of choice during interrogation only
  4. A right to be tried by a criminal court within twenty-four hours

Explanation

Article 22(5) requires that a detenu be informed of the grounds of detention and afforded the earliest opportunity to make a representation against the order. These grounds must be adequate and not vague. The other clauses of Article 22, such as the twenty-four hour production rule, apply to ordinary criminal arrest, not preventive detention.

Question 9Constitutional Law

The Supreme Court's jurisdiction to issue writs for the enforcement of fundamental rights is conferred by which Article, and how does it differ from the High Court's power?

  1. Article 139; the Supreme Court's writ power is confined to habeas corpus
  2. Article 32; both courts have identical power to issue writs only for fundamental rights
  3. Article 226; the Supreme Court's writ jurisdiction extends to all legal rights
  4. Article 32; the Supreme Court's power is limited to fundamental rights, while High Courts under Article 226 may also issue writs for other legal rights Correct answer.

Explanation

Article 32 confers on the Supreme Court the power to issue writs for the enforcement of fundamental rights, and it is itself a fundamental right. Article 226 gives High Courts a wider power, covering fundamental rights as well as other legal rights. Article 139 allows Parliament to confer further powers on the Supreme Court, but the core writ jurisdiction is Article 32.

Question 10Constitutional Law

The doctrine of eclipse applies to which situation?

  1. A State law that is repugnant to a Union law and is permanently void
  2. A post-constitutional law that is void ab initio and can never be revived
  3. A pre-constitutional law that becomes inconsistent with a fundamental right and is rendered dormant, reviving if the inconsistency is removed Correct answer.
  4. An amendment to the Constitution that is struck down for violating the basic structure

Explanation

The eclipse doctrine, applied in Bhikaji Narain Dhakras, holds that a pre-constitutional law inconsistent with a fundamental right is not dead but overshadowed; it revives if the inconsistency is removed by amendment. The doctrine does not apply to post-constitutional laws, which are void under Article 13(2) from the outset as regards the inconsistency.

Question 11Constitutional Law

Under Article 200, when a Bill passed by a State Legislature is reserved by the Governor for the President's consideration, which course is open to the President?

  1. The President must grant assent within three months
  2. The President may only withhold assent and cannot return the Bill
  3. The President may assent, withhold assent, or direct the Governor to return the Bill to the House for reconsideration Correct answer.
  4. The President must refer the Bill to the Inter-State Council

Explanation

Article 201 provides that when a Bill is reserved for consideration, the President may assent, withhold assent, or direct the Governor to return the Bill for reconsideration. If the House passes it again, the President is not bound to assent. This differs from Article 111, where assent becomes mandatory after re-passage.

Question 12Constitutional Law

Which provision of the Constitution establishes the Finance Commission, and what is its principal function?

  1. Article 293; to regulate State borrowing
  2. Article 282; to disburse grants for public purposes
  3. Article 275; to recommend the share of excise duties
  4. Article 280; to recommend distribution of net proceeds of taxes between the Union and the States and principles governing grants-in-aid Correct answer.

Explanation

Article 280 requires the President to constitute a Finance Commission every five years to recommend the distribution of net tax proceeds between the Union and States, the principles governing grants-in-aid, and other fiscal matters. Article 282 is a general spending power, and Article 275 provides for statutory grants.

Question 13Constitutional Law

The President's power to grant pardons, reprieves, respites or remissions of punishment is conferred by which Article, and does it extend to sentences imposed by courts-martial?

  1. Article 72; it applies only to offences against Union laws and not to courts-martial
  2. Article 72; it extends to sentences by courts-martial and to all cases where the sentence is a sentence of death Correct answer.
  3. Article 142; it is exercised only on the Supreme Court's direction
  4. Article 161; it extends to all sentences including courts-martial

Explanation

Article 72 empowers the President to grant pardons in all cases where the punishment or sentence is by a court-martial, where it is for an offence against a Union law, or where the sentence is one of death. The Governor's power under Article 161 does not extend to courts-martial or death sentences in the same way. The Supreme Court has held that the power is subject to limited judicial review.

Question 14Constitutional Law

In a conflict between a Union law and a State law on a matter in the Concurrent List, which principle determines the outcome under Article 254?

  1. Both laws are void and fresh legislation is required
  2. The State law prevails because States have local knowledge
  3. The Supreme Court decides which law is more reasonable
  4. The Union law prevails, unless the State law has received the President's assent and operates in the State Correct answer.

Explanation

Article 254(1) provides that a Union law prevails over a repugnant State law on a Concurrent List subject. Under Article 254(2), a State law that has been reserved for and received the President's assent prevails in that State, though Parliament may still legislate later. Repugnancy is determined by the test of inconsistency in operation.

Question 15Constitutional Law

The 'basic structure' doctrine was authoritatively established in which case, and what did it hold about Parliament's amending power?

  1. Shankari Prasad v. Union of India, which held that amendments are void if they affect fundamental rights
  2. Golaknath v. State of Punjab, which held that fundamental rights cannot be amended at all
  3. Kesavananda Bharati v. State of Kerala, which held that Parliament may amend the Constitution but cannot destroy its basic structure Correct answer.
  4. Minerva Mills v. Union of India, which held that no amendment is subject to judicial review

Explanation

In Kesavananda Bharati (1973) a thirteen-judge Bench held that Article 368 does not permit amendment of the basic structure, though no exhaustive list of basic features was laid down. Minerva Mills later applied the doctrine to strike down parts of the Forty-second Amendment. Golaknath had taken a contrary view, later overruled.

Question 16Constitutional Law

Which of the following best describes the effect of Article 13(1) on pre-constitutional laws?

  1. Pre-constitutional laws continue in force only if ratified by Parliament within one year
  2. Pre-constitutional laws are void only if they concern fundamental rights directly
  3. Pre-constitutional laws inconsistent with fundamental rights are void to the extent of such inconsistency Correct answer.
  4. All pre-constitutional laws are repealed on the commencement of the Constitution

Explanation

Article 13(1) renders all laws in force before the commencement of the Constitution void to the extent they are inconsistent with fundamental rights. The doctrine of eclipse means such laws are dormant rather than repealed, and they may revive if the inconsistency is cured. Article 372 continues pre-constitutional laws subject to this article.

Question 17Constitutional Law

A private unaided minority institution challenges a State regulation fixing the fee structure and requiring admission of a fixed percentage of students from weaker sections. Which analysis best reflects the constitutional position?

  1. Article 29A bars all State aid to minority institutions
  2. Article 15(5) applies only to unaided non-minority institutions, so the regulation is void
  3. Article 30 protects the minority character of the institution, so no regulation of fees or admissions is permissible
  4. Article 30 protects the right to establish and administer minority institutions, but reasonable regulations for academic standards and to prevent malpractices are permissible Correct answer.

Explanation

Article 30(1) guarantees minorities the right to establish and administer educational institutions of their choice, and compulsory acquisition is restricted by Article 30(1A). However, the Supreme Court has upheld reasonable regulation aimed at academic excellence, preventing malpractices and ensuring fair procedure, provided the minority character is not destroyed. Article 15(5) enables reservation in unaided private institutions but exempts minority institutions.

Question 18Constitutional Law

The doctrine of 'pith and substance' is applied by courts primarily to resolve which kind of problem?

  1. Whether the President should assent to a reserved Bill
  2. Whether a law falls within the legislative competence of the enacting legislature when it incidentally touches another List Correct answer.
  3. Whether a fundamental right has been reasonably restricted
  4. Whether a statute violates the basic structure of the Constitution

Explanation

Pith and substance asks what the true nature and character of a legislation is, so that incidental encroachment on another legislative field does not invalidate it. The doctrine is used in Union-State competence disputes, often alongside colourable legislation analysis. It is not a fundamental rights or amendment doctrine.

Question 19Constitutional Law

Which of the following is true of the constitutional position of the Attorney-General of India?

  1. The Attorney-General must be a sitting judge of the Supreme Court
  2. The Attorney-General is appointed by the President and has the right to speak and take part in the proceedings of both Houses, but cannot vote Correct answer.
  3. The Attorney-General is appointed by the Chief Justice of India and holds office during the pleasure of the Supreme Court
  4. The Attorney-General is appointed by the President and is a member of the Cabinet

Explanation

Article 76 provides that the President appoints a person qualified to be a Supreme Court judge as Attorney-General. Under Article 88 the Attorney-General may speak and take part in the proceedings of either House and its committees but has no right to vote. The office is not a Cabinet post and the holder is not a judge.

Question 20Constitutional Law

A law provides for preventive detention for up to three months without reference to an Advisory Board. Which constitutional requirement is most directly engaged?

  1. Article 21, which bars all preventive detention
  2. Article 23, which bars traffic in human beings
  3. Article 22(4), which requires an Advisory Board for detention exceeding three months Correct answer.
  4. Article 20(3), which bars compelled self-incrimination

Explanation

Article 22(4) provides that no law permitting preventive detention shall authorise detention beyond three months unless an Advisory Board has reported sufficient cause. Article 22(7) allows Parliament to prescribe circumstances in which the Advisory Board requirement may be dispensed with, but that power is confined to Parliament and subject to safeguards. Article 20(3) and Article 23 address different rights.

Question 21Constitutional Law

The concept of 'colourable legislation' is best described as which of the following?

  1. A law that is valid but has been enacted without proper procedure
  2. A law that is repugnant to an earlier law on the same subject
  3. A law that appears to fall within one legislature's competence but in substance legislates on a matter beyond its power Correct answer.
  4. A law that is unconstitutional because it violates the basic structure

Explanation

The colourable legislation doctrine applies where a legislature lacks competence on a subject and attempts to achieve indirectly what it cannot do directly. The question is whether the substance of the legislation is within the legislature's field, regardless of the form used. It is a competence doctrine, not a procedural or repugnancy doctrine.

Question 22Constitutional Law

Which of the following statements about the right to equality under Article 14 is most accurate?

  1. Article 14 permits classification only if it is based on an intelligible differentia with a rational nexus to the object of the law Correct answer.
  2. Article 14 applies only to citizens and not to non-citizens
  3. Article 14 is confined to executive action and does not apply to legislation
  4. Article 14 prohibits all classification, since equality means identical treatment

Explanation

Article 14 forbids denial of equality before the law and equal protection of the laws, but permits reasonable classification based on intelligible differentia with a rational nexus to the statute's object. The Supreme Court has also applied a manifest arbitrariness standard in cases such as Shayara Bano. Article 14 protects persons, including non-citizens, against both legislative and executive action.

Question 23Constitutional Law

Under Article 143, the Supreme Court may give an advisory opinion. Which statement correctly describes the Court's discretion in doing so?

  1. The Court is bound to answer every reference made by the President
  2. The Court may decline to answer a reference that is vague, speculative or outside its advisory jurisdiction Correct answer.
  3. The Court's opinion is binding on the President and all courts
  4. The Court may answer only references concerning fundamental rights

Explanation

Article 143(1) permits the President to refer questions of law or fact of public importance, and the Supreme Court has held that it may decline to answer references that are vague, political or otherwise unsuitable. The opinion is advisory and not binding as a judgment, though it carries high persuasive authority. The Court is not obliged to answer every reference.

Question 24Constitutional Law

The Governor of a State is appointed by the President and holds office during the pleasure of the President. Which statement best reflects the Supreme Court's position on the Governor's discretionary powers?

  1. The Governor acts as an agent of the Union and must follow the Union government's directions in all matters
  2. The Governor may dismiss the Chief Minister at any time on subjective satisfaction
  3. The Governor must always act on the advice of the Council of Ministers, with no discretion at all
  4. The Governor's discretion is limited to situations expressly or by necessary implication conferred by the Constitution, and it is not a general licence to act against the advice of the Council of Ministers Correct answer.

Explanation

Under Articles 153 to 156 the Governor is appointed by the President and holds office during pleasure, but the Supreme Court in Nabam Rebia and other cases has emphasised that the Governor's discretion is confined to situations recognised by the Constitution, such as those in Articles 163, 200 and 356. The Governor is not an agent of the Union, and the office is constitutional rather than personal.

Question 25Constitutional Law

Which of the following is the correct description of the writ of quo warranto?

  1. It is issued to compel a lower court to transfer a case
  2. It is issued to quash an order of a tribunal for error of law
  3. It is issued to release a person from unlawful detention
  4. It is issued to a person to show under what authority he holds a public office Correct answer.

Explanation

Quo warranto requires a person holding a public office to show by what authority he holds it, and it lies where the appointment is contrary to law. It is not available for private offices. Habeas corpus, certiorari and mandamus serve different purposes.

Question 26Constitutional Law

Article 368 of the Constitution deals with which of the following?

  1. The procedure for ratification of treaties
  2. The procedure for passing a vote of no-confidence
  3. The procedure for amendment of the Constitution Correct answer.
  4. The procedure for appointment of judges of the Supreme Court

Explanation

Article 368 lays down the procedure for amending the Constitution, including the requirement of a special majority in each House of Parliament and, for certain provisions, ratification by the legislatures of not less than one-half of the States. It does not govern treaties, judicial appointments, or no-confidence motions.

Question 27Constitutional Law

The concept of 'reasonable classification' under Article 14 permits the State to treat differently situated persons differently, provided that the classification satisfies which of the following requirements?

  1. The classification must be founded on an intelligible differentia having a rational nexus to the object sought to be achieved Correct answer.
  2. The classification must be approved by a resolution of Parliament
  3. The classification must apply uniformly to all persons without exception
  4. The classification must be based on religion, race, caste, sex, or place of birth

Explanation

Article 14 forbids class legislation but permits reasonable classification. The Supreme Court has held that a classification is valid if it is based on an intelligible differentia and the differentia has a rational relation to the object of the legislation. Classification based on the prohibited grounds in Article 15 would itself be suspect, and parliamentary approval is not the test.

Question 28Constitutional Law

Under Article 32, the Supreme Court may issue directions, orders, or writs for the enforcement of fundamental rights. Which of the following best describes the nature of this power?

  1. It is a power that can be exercised only against the Union Government and not against State Governments
  2. It is a discretionary power that the Court may exercise only when no other remedy exists
  3. It is itself a fundamental right that the Court is duty-bound to enforce when a fundamental right is violated Correct answer.
  4. It is a power that is available only to citizens and not to non-citizens

Explanation

Article 32 confers a fundamental right to constitutional remedies. The Supreme Court has described it as the heart and soul of the Constitution, and the Court is under a duty to enforce fundamental rights when approached. The power is not merely discretionary in the sense of being withheld when another remedy exists, and it lies against both Union and State authorities.

Question 29Constitutional Law

The President of India is elected by an electoral college consisting of which of the following?

  1. Members of the Legislative Assemblies of the States only
  2. Members of both Houses of Parliament only
  3. Members of both Houses of Parliament and members of the Legislative Councils of the States
  4. Members of both Houses of Parliament and members of the Legislative Assemblies of the States and Union Territories with legislatures Correct answer.

Explanation

Article 54 provides that the President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States, including Union Territories with legislatures. Legislative Council members do not participate, and neither House of Parliament alone constitutes the electoral college.

Question 30Constitutional Law

A State Legislature passes a law imposing a tax on the sale of goods, but the Union Parliament has already enacted a law on the same subject under Entry 92A of the Union List. Which constitutional principle determines the validity of the State law?

  1. The doctrine of territorial nexus
  2. The doctrine of pith and substance
  3. The doctrine of repugnancy under Article 254 Correct answer.
  4. The doctrine of colourable legislation

Explanation

Where a State law is repugnant to a Union law on a Concurrent List subject, Article 254(1) provides that the Union law prevails and the State law is void to the extent of repugnancy, unless the State law has received the President's assent under Article 254(2). Here, the subject falls in the Concurrent List, so repugnancy is the relevant principle.

Question 31Constitutional Law

A law enacted by a State Legislature is challenged on the ground that it is 'colourable legislation'. Which of the following best describes the import of this doctrine?

  1. The State Legislature has enacted a law that is within its legislative competence but is politically controversial
  2. The State Legislature has enacted a law that is inconsistent with an earlier law of the same legislature
  3. The State Legislature has enacted a law that, in substance, transgresses a constitutional limitation even though it appears to be within its competence Correct answer.
  4. The State Legislature has enacted a law that is procedurally defective because it was not passed by the required majority

Explanation

The doctrine of colourable legislation applies where a legislature, while ostensibly acting within its competence, in substance legislates on a matter outside its competence or violates a constitutional limitation. The Court looks at the true nature and effect of the legislation rather than its form. It is not concerned with procedural defects or political controversy.

Question 32Constitutional Law

A person is arrested and produced before a magistrate. The magistrate remands the person to police custody for a period exceeding fifteen days without any special order. Which constitutional provision is violated?

  1. Article 21, which guarantees the right to life and personal liberty Correct answer.
  2. Article 22(2) read with Article 22(1), which guarantees the right to be informed of the grounds of arrest
  3. Article 22(2), which requires production before a magistrate within 24 hours
  4. Article 20(3), which protects against self-incrimination

Explanation

Article 22(2) requires that an arrested person be produced before the nearest magistrate within 24 hours, and the magistrate may authorize detention beyond that period. However, the Supreme Court has held that remand to custody beyond fifteen days without special reasons violates Article 21's guarantee of a fair procedure. Article 20(3) concerns compelled self-incrimination, and Article 22(1) concerns information about grounds of arrest and legal representation.

Question 33Constitutional Law

The Governor of a State reserves a Bill for the consideration of the President under Article 200. Which of the following best describes the President's options when the Bill is presented?

  1. The President may amend the Bill and return it to the State Legislature
  2. The President may assent, withhold assent, or return the Bill for reconsideration of the State Legislature Correct answer.
  3. The President must give assent to the Bill within six months
  4. The President must refer the Bill to the Supreme Court for an advisory opinion

Explanation

Under Article 201, when a Bill is reserved for the President's consideration, the President may assent to it, withhold assent, or return it to the State Legislature for reconsideration. If the Legislature passes it again and presents it for assent, the President is not bound to give assent. The President cannot amend the Bill, and reference to the Supreme Court is not mandatory.

Question 34Constitutional Law

Which of the following is true regarding the constitutional position of the Attorney-General of India?

  1. The Attorney-General is a member of the Cabinet and has the right to vote in Parliament
  2. The Attorney-General is appointed by the President and holds office during the pleasure of the President Correct answer.
  3. The Attorney-General is appointed by the Chief Justice of India and holds office during the pleasure of the Chief Justice
  4. The Attorney-General must be a sitting judge of the Supreme Court

Explanation

Article 76 provides that the Attorney-General is appointed by the President and holds office during the pleasure of the President. The Attorney-General must be qualified to be a judge of the Supreme Court, has the right to speak in both Houses of Parliament and its committees, but is not a member of the Cabinet and has no right to vote.

Question 35Constitutional Law

A law enacted by Parliament imposes a restriction on the freedom of speech and expression. The State defends it on the ground that it is a reasonable restriction under Article 19(2). Which of the following is a ground expressly mentioned in Article 19(2) for imposing reasonable restrictions?

  1. Political neutrality
  2. Administrative convenience
  3. Economic stability
  4. Public order Correct answer.

Explanation

Article 19(2) permits reasonable restrictions on the freedom of speech and expression in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence. Public order is expressly listed; economic stability, political neutrality, and administrative convenience are not.

Question 36Constitutional Law

Under Article 143, the Supreme Court may give an advisory opinion on a question of law or fact of public importance referred to it by the President. Which of the following correctly describes the Court's discretion in such matters?

  1. The Supreme Court must refer the question to a Constitution Bench of at least seven judges in every case
  2. The Supreme Court is bound to give an opinion on every reference made by the President
  3. The Supreme Court's opinion is binding on the President and must be implemented by legislation
  4. The Supreme Court may decline to give an opinion if it considers that the question is not fit for advisory jurisdiction Correct answer.

Explanation

The Supreme Court has held that the advisory jurisdiction under Article 143 is discretionary; the Court may decline to answer a reference if it is satisfied that the question is not fit for advisory jurisdiction or is of a political nature. The opinion is advisory and not binding, and there is no constitutional requirement that every reference be heard by a seven-judge Bench.

Question 37Constitutional Law

A private unaided minority educational institution challenges a State law that requires it to reserve 25% of its seats for students from weaker sections. Which of the following is the most accurate statement of the constitutional position?

  1. The law is invalid because Article 30 confers an absolute right on minority institutions to administer their institutions
  2. The law is valid only if it is approved by the National Commission for Minority Educational Institutions
  3. The law is invalid because Article 19(1)(g) protects the right of private institutions to admit students of their choice
  4. The law is valid because the right under Article 30 is subject to the State's power to regulate education Correct answer.

Explanation

The right of minorities under Article 30 to establish and administer educational institutions is not absolute; the State may regulate to ensure educational standards and to prevent maladministration. However, the Supreme Court has held that a law compelling a private unaided minority institution to reserve seats for weaker sections may be valid if it is reasonable and does not destroy the minority character of the institution. Approval by the Commission is not a constitutional requirement.

Question 38Constitutional Law

Which of the following best describes the effect of Article 13(2) on laws made after the commencement of the Constitution?

  1. All post-constitutional laws are presumed to be constitutional unless challenged within one year
  2. Article 13(2) applies only to laws made by Parliament and not to laws made by State Legislatures
  3. The State shall not make any law that takes away or abridges the rights conferred by Part III, and any law so made is void to the extent of the contravention Correct answer.
  4. Post-constitutional laws that violate fundamental rights remain valid but are read down by the courts

Explanation

Article 13(2) prohibits the State from making any law that takes away or abridges the rights conferred by Part III, and any law made in contravention is void to the extent of the contravention. This applies to laws made by both Parliament and State Legislatures. There is no one-year limitation period, and such laws are void rather than merely read down.

Question 39Constitutional Law

A law enacted by a State Legislature is challenged on the ground that it is beyond the legislative competence of the State. The State argues that the law falls within Entry 6 of the State List (public health), while the petitioner argues that it falls within Entry 1 of the Union List (defence). Which doctrine would the court primarily apply to determine the true nature of the law?

  1. The doctrine of territorial nexus
  2. The doctrine of colourable legislation
  3. The doctrine of pith and substance Correct answer.
  4. The doctrine of repugnancy

Explanation

The doctrine of pith and substance is applied to determine the true nature and character of a law when it appears to touch upon subjects in different lists. The court examines the substance of the legislation, not its form, to decide which list it properly falls under. Territorial nexus concerns the connection between the State and the subject matter, colourable legislation concerns disguised transgressions, and repugnancy concerns conflicts between Union and State laws.

Question 40Constitutional Law

A law provides for preventive detention for up to three months without reference to an Advisory Board. Which constitutional provision is most directly violated?

  1. Article 21, which guarantees the right to a speedy trial
  2. Article 22(4), which requires that no law shall authorize preventive detention beyond three months unless an Advisory Board has reported sufficient cause Correct answer.
  3. Article 20(1), which prohibits conviction except for violation of a law in force at the time of the act
  4. Article 22(1), which requires that an arrested person be informed of the grounds of arrest

Explanation

Article 22(4) provides that no law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless an Advisory Board has reported that there is sufficient cause for such detention. A law that permits detention up to three months without reference to an Advisory Board is not itself unconstitutional, but detention beyond three months without such reference would violate Article 22(4). The question states detention for up to three months, so the most directly relevant provision is Article 22(4).

Question 41Administrative Law

Under Indian administrative law, which doctrine is most directly engaged when a statutory corporation exercises a power that is ultra vires its governing Act?

  1. The doctrine of legitimate expectation
  2. The doctrine of promissory estoppel
  3. The doctrine of ultra vires Correct answer.
  4. The doctrine of proportionality

Explanation

The ultra vires doctrine holds that a public authority may act only within the powers conferred by statute; any action beyond those powers is void. It is the foundational control on statutory corporations and other bodies created by legislation.

Question 42Administrative Law

A tribunal conducting an inquiry into a licensing dispute refuses to allow the licensee to cross-examine a witness whose statement is relied upon. Which principle of natural justice is most directly violated?

  1. The right to a fair hearing (audi alteram partem) Correct answer.
  2. The doctrine of pleasure
  3. The doctrine of necessity
  4. The rule against bias

Explanation

Audi alteram partem requires that a person be given a fair opportunity to meet the case against them, which ordinarily includes cross-examining adverse witnesses. Denial of that opportunity breaches the fair-hearing rule.

Question 43Administrative Law

Which statement best captures the scope of judicial review of administrative action in India after the Constitution?

  1. Courts may review administrative action only when a fundamental right is directly affected.
  2. Courts may substitute their own view on the merits whenever the administrative decision appears unwise.
  3. Courts review only the legality, rationality, and procedural propriety of administrative action, not its merits. Correct answer.
  4. Courts may review administrative action only if the statute expressly provides for an appeal.

Explanation

Judicial review is confined to legality, rationality, and procedural fairness; the court does not sit as an appellate authority on the merits. This is the classical formulation associated with Council of Civil Service Unions v Minister for the Civil Service and followed in Indian administrative law.

Question 44Administrative Law

A minister announces a scheme granting a benefit to a class of persons, and a member of that class relies on it to make a substantial investment. The scheme is later withdrawn without notice. Which administrative-law principle is most relevant to the claimant's case?

  1. Legitimate expectation Correct answer.
  2. Doctrine of colourable legislation
  3. Doctrine of territorial nexus
  4. Doctrine of eclipse

Explanation

Legitimate expectation protects a person who has relied on a clear and unambiguous representation by a public authority, requiring at least procedural fairness before withdrawal. It does not guarantee the substantive benefit but may entitle the claimant to notice and a hearing.

Question 45Administrative Law

An administrative order is challenged on the ground that the authority acted for an improper purpose, although the formal power was available. This challenge is best characterised as:

  1. A challenge for jurisdictional error
  2. A challenge for abuse of discretion Correct answer.
  3. A challenge for error of law on the face of the record
  4. A challenge for breach of natural justice

Explanation

Improper purpose is a classic form of abuse of discretion, alongside irrelevant considerations, bad faith, and unreasonableness. The power exists, but its exercise is vitiated by the purpose for which it was used.

Question 46Administrative Law

Which of the following is the most accurate statement about the applicability of natural justice to administrative action?

  1. Natural justice may apply to administrative action where a decision affects rights or legitimate expectations, subject to the statutory framework and exigencies. Correct answer.
  2. Natural justice is a statutory requirement that must be expressly provided for in every statute.
  3. Natural justice applies to all administrative action without exception, regardless of the statutory scheme.
  4. Natural justice applies only to judicial and quasi-judicial functions, never to purely administrative functions.

Explanation

The distinction between judicial and administrative functions has softened; natural justice may apply whenever a decision affects rights or legitimate expectations. Its content and applicability depend on the statutory scheme, the nature of the power, and practical exigencies.

Question 47Administrative Law

Under the doctrine of pleasure in Indian constitutional law, which statement reflects the position of civil servants after the Constitution?

  1. The pleasure doctrine applies only to members of the All India Services and not to state services.
  2. Civil servants hold office during the pleasure of the President or Governor, but that pleasure is subject to constitutional safeguards under Article 311. Correct answer.
  3. Civil servants have a fundamental right to continue in service until superannuation, which cannot be curtailed.
  4. The pleasure doctrine was abolished by the Constitution and replaced by a system of fixed tenure.

Explanation

Article 310 embodies the pleasure doctrine, but Article 311 imposes procedural safeguards: no dismissal or removal by an authority subordinate to the appointing authority, and no such action without an inquiry with an opportunity to be heard. The pleasure is thus constitutionally regulated.

Question 48Administrative Law

A statutory authority fails to exercise a discretion conferred on it, acting instead under the dictation of a superior officer. This is best described as:

  1. Delegated legislation
  2. Sub-delegation of power
  3. Conditional legislation
  4. Surrender or abdication of discretion Correct answer.

Explanation

Where a statute confers discretion on a particular authority, that authority must exercise it independently; acting under dictation amounts to surrender or abdication of discretion. The decision is vitiated even if the superior's direction was lawful.

Question 49Administrative Law

Which of the following best explains the principle of proportionality in administrative law?

  1. The administrative authority must always choose the least restrictive means, regardless of the importance of the objective.
  2. The authority must provide a hearing before every decision, irrespective of the statutory scheme.
  3. The means adopted by the authority must be rationally connected to the objective and no more restrictive than necessary to achieve it. Correct answer.
  4. The authority must follow the procedure laid down in the statute, and any deviation is automatically void.

Explanation

Proportionality asks whether the measure is suitable, necessary, and balanced in relation to the objective pursued. It does not demand the absolute least restrictive means in every case, but a proportionate relationship between means and ends.

Question 50Administrative Law

A government department issues a circular directing all officers to reject applications without assigning reasons. A rejected applicant challenges the circular. Which ground of judicial review is most directly available?

  1. Violation of the doctrine of pleasure
  2. Breach of the duty to give reasons where the statute or fairness requires it Correct answer.
  3. Error of law on the face of the record
  4. Lack of territorial jurisdiction

Explanation

Although there is no general common-law duty to give reasons, a duty may arise from statute or from the requirements of fairness, particularly where a decision affects rights. A blanket direction to reject without reasons is vulnerable on that ground.