3rd National Online Quiz Competition @ Law Corner

The correct answer is The Citizenship Act, 1955. This act governs the acquisition and determination of Indian citizenship. The Supreme Court held that Sonia Gandhi, despite being of Italian origin, is an Indian citizen because she acquired citizenship through the provisions of the Citizenship Act. This act outlines the conditions under which a person can become an Indian citizen, including by birth, descent, registration, or naturalization. Therefore, the Supreme Court's decision is based on the interpretation and application of the Citizenship Act, 1955.

The right to life under Article 21 does not include the right to vote. While the right to life encompasses various aspects such as the right to live with dignity, personal liberty, and protection from arbitrary deprivation of life, it does not explicitly mention the right to vote. The right to vote is typically considered a political right and is governed by separate laws and regulations. Therefore, although the right to vote is an important democratic right, it is not inherently included in the right to life under Article 21.

The maximum period of State Emergency under Article 356 of the Indian Constitution is 3 years. This provision allows the President of India to impose emergency rule in a state if there is a breakdown of constitutional machinery. During a state emergency, the President can assume all the powers of the state government and the state legislative assembly can be dissolved or suspended. However, this emergency rule cannot continue for more than 3 years as per the Constitution.

Article 300-A states that no person shall be deprived of his property except by authority of law. This means that a person's property cannot be taken away from them without a legal basis or justification. It ensures that individuals have the right to own and possess property, and any deprivation of property must be done in accordance with the law. This article protects individuals' property rights and prevents arbitrary confiscation or seizure of property.

The correct answer is Sarkaria Commission. The Sarkaria Commission was a famous Commission on Centre-State relations in India. It was set up in 1983 to examine and suggest measures for improving the relationship between the Centre and the States. The Commission's recommendations were aimed at strengthening federalism, promoting cooperative federalism, and resolving disputes between the Centre and the States. The Commission's report, submitted in 1988, had a significant impact on the functioning of the federal system in India.

Zero Hour is India's innovation in the field of Parliamentary practices. It is an hour in the Parliament where Members of Parliament can raise important issues without any prior notice. This allows for immediate discussion and response from the government. It is called Zero Hour because it takes place at 12 noon when the Parliament is in session. This practice gives MPs the opportunity to bring urgent matters to the attention of the government and initiate discussions on them.

The provisions of the 73rd Amendment are contained in the Eleventh Schedule. The Eleventh Schedule of the Indian Constitution lists the powers, authorities, and responsibilities of Panchayats, which were established as part of the amendment. It outlines the areas in which Panchayats have the authority to make decisions and implement policies, such as agriculture, health, education, and social justice. This schedule plays a crucial role in decentralizing power and ensuring local self-governance in rural areas of India.

The doctrine of 'Prospective overruling' was first evolved by Chief Justice Subba Rao in Golaknath v. State of Punjab.

The Preamble of the Constitution of India has been amended once. This means that there has been one amendment made to the introductory statement of the Indian Constitution since its inception.

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Article 29(1) of the Indian Constitution grants the right to conserve distinct languages, scripts, and cultures to any section of the citizen residing in the territory of India. This provision ensures that minority communities have the freedom to preserve and promote their unique identity and heritage. It recognizes the importance of cultural diversity and protects the rights of individuals to maintain their linguistic and cultural traditions.

The Chief Secretary is not a constitutional office because it is a bureaucratic position rather than a constitutional position. The Chief Secretary is the highest-ranking civil servant in a state government and is responsible for coordinating and implementing government policies and programs. While the Chief Secretary plays a crucial role in the functioning of the state government, their position is not established or defined by the constitution. In contrast, the Chief Election Commissioner, State's Advocate General, and State's Chief Justice are all constitutional offices with specific roles and responsibilities outlined in the constitution.

Fundamental rights refer to the basic rights and freedoms that every individual is entitled to. These rights are often seen as negative rights because they restrict the government from interfering in certain areas of a person's life. They are also considered restrictive rights because they limit the power of the government to infringe upon certain liberties. Additionally, fundamental rights are limited in the sense that they are subject to reasonable restrictions in the interest of public order, morality, and the like. Therefore, the answer "All of the above" is correct as it encompasses the different aspects of fundamental rights.

The term "Union with strong Centre" refers to a political system where power is centralized in the federal government, giving it significant authority over the regional or provincial governments. This concept is commonly associated with Canada, as the country has a federal system with a strong central government. In Canada, the federal government holds authority over key areas such as defense, foreign affairs, and trade, while the provinces have jurisdiction over areas like education and healthcare. This system ensures a balance between centralization and regional autonomy, making Canada the correct answer in this case.

The correct answer is "Elected by the Provincial Assemblies." The members of the Constituent Assembly were elected by the Provincial Assemblies of British India. The Provincial Assemblies were elected by the people through indirect elections. The members of the Provincial Assemblies then chose the representatives to be a part of the Constituent Assembly. This process ensured a democratic representation of the people's interests at the national level.

The "Full faith and Credit" clause of the Constitution requires states to recognize and respect the public acts, records, and judicial proceedings of other states. However, this clause does not apply to acts of corporations. While public records, judicial proceedings, and public acts are covered by the clause, acts of corporations are not included in its scope. Therefore, the correct answer is acts of corporations.

The correct answer is Writ of Habeas Corpus: Available against private individual as well. The writ of habeas corpus is a legal action that allows individuals to seek relief from unlawful detention or imprisonment. It can be used against both private individuals and government authorities who are unlawfully holding someone in custody. This writ ensures that individuals have the right to challenge the legality of their detention and seek their release if it is found to be unlawful.

The correct answer is 44th Amendment. This amendment substituted the term "armed rebellion" in place of "internal disturbance" under Article 352. This change was made to provide a more specific and clear definition of the circumstances under which the President can declare a state of emergency. The amendment aimed to prevent the misuse of emergency powers and protect the rights and freedoms of citizens.

In 1975, Sikkim was associated with the Indian Union. This means that Sikkim became a part of India and ceased to be an independent kingdom. Prior to 1975, Sikkim had a special status as a protectorate of India. However, in 1975, a referendum was held in Sikkim, in which the majority of the population voted in favor of merging with India. As a result, Sikkim became the 22nd state of India.

The 42nd Amendment of the Indian Constitution increased the term of the Lok Sabha, the lower house of Parliament, to six years. This amendment was passed in 1976 and aimed at ensuring stability and continuity in the functioning of the government. Prior to this amendment, the term of the Lok Sabha was five years. The increase in the term was seen as a way to provide more time for the government to implement its policies and programs without the frequent disruptions caused by early elections.

The "Hicklin test" under Article 19 is related to the concept of decency and morality. This test, named after the case of Regina v. Hicklin, is used to determine whether a particular form of expression is obscene or not. It sets a standard where any material that tends to deprave and corrupt those whose minds are open to such immoral influences is considered obscene and can be restricted. Therefore, the correct answer is decency and morality.

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The doctrine of 'basic structure' is a creation of the Judiciary. This doctrine was established by the Indian Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. According to this doctrine, certain fundamental features of the Constitution cannot be amended by the Parliament, as they form the basic structure and essence of the Constitution. The Judiciary, through its interpretation and application of the Constitution, has played a crucial role in upholding and protecting these fundamental principles.

The correct answer is 1952. The National Development Council was established in 1952 to serve as a platform for cooperative planning between the central and state governments in India. It was created to ensure effective and balanced development across various sectors and regions of the country. The council plays a crucial role in formulating and implementing national development policies and programs, thereby promoting economic growth and social progress in India.

The correct answer is Rajasthan and Andhra Pradesh. The Panchayati Raj System, which is a decentralized form of government, was introduced in these two states. This system aims to involve local communities in decision-making processes and empower them to manage their own affairs. Rajasthan and Andhra Pradesh were among the first states to implement this system, which has since been adopted by several other states in India.

Prof. K.C. Wheare said that a system of Government which is almost quasi-federal is a unitary State with subsidiary federal features rather than a federal state with subsidiary unitary features.

The person born on 01-01-1990 will be eligible for contesting for the membership of Legislative Assembly of his State in 2015 because the minimum age requirement for contesting in the Legislative Assembly elections in India is 25 years. Since the person was born in 1990, they would turn 25 years old in 2015.

The correct answer is the 81st Amendment. This amendment empowers state governments to fill up unfilled reserved vacancies in any succeeding year. This means that if reserved positions are not filled in a particular year, the state government has the authority to fill them in the following year. This amendment aims to ensure that reserved positions are not left vacant and that opportunities are provided to candidates from reserved categories.

Reservation of seats in educational institutions in favor of Scheduled Caste and Scheduled Tribes is governed by Article 15(4) of the Constitution. This article allows for the reservation of seats for socially and educationally backward classes of citizens, including SCs and STs, in educational institutions. It aims to provide equal opportunities for these marginalized groups and promote their social and educational advancement. Article 15(1) prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. Article 16(4) deals with reservation in public employment, while Article 29(2) safeguards the right of minorities to establish and administer educational institutions.

Article 137 of the Indian Constitution states that the Supreme Court has the power to review any judgment or order made by it. This means that if the Supreme Court feels that a judgment or order needs to be reconsidered, it has the authority to review and potentially change it. Therefore, Article 137 is the correct answer as it specifically addresses the review of judgments and orders by the Supreme Court.

The question asks for the provision under which President's rule can be declared in the Centre. However, none of the options provided (Article 352, Article 354, Article 355) are applicable for declaring President's rule in the Centre. Therefore, the correct answer is "No Article."

The 82nd Amendment of the Constitution is the correct answer because it introduced the provision for relaxation in qualifying marks for SCs and STs for reservation in promotions. This amendment aimed to provide equal opportunities to these marginalized communities and promote their representation in higher positions.

The Indian Constitution reserves the residuary powers to the Union. This means that any powers or subjects that are not explicitly mentioned in the Constitution as the responsibility of the States or Parliament are automatically vested with the Union government. These powers include matters of national importance and those that cannot be effectively dealt with by individual states. By reserving the residuary powers to the Union, the Constitution ensures a centralized authority and the ability to address issues that affect the entire country.

During the time of Emergency, the Indian State becomes "Unitary" in terms of the concentration of power in the hands of the central government. However, it is also considered "Quasi-federal" because although the central government gains more authority, the federal structure is not completely abolished. The states still exist and have some powers, but their autonomy is significantly reduced. This combination of characteristics makes the Indian State "Unitary, Quasi-federal" during the Emergency.

The correct answer is Devadasan v. UOI. In this case, the Supreme Court held that the rule of carry forward, which allowed reservation benefits to be carried forward indefinitely, was ultra vires or beyond the powers of the government. The court ruled that reservation benefits should be limited to a certain period of time and should not be carried forward indefinitely. This decision had significant implications for the implementation and duration of reservation policies in India.

The case of T.K. Rangarajan Vs. Government of Tamil Nadu is not related to the 'Theory of basic structure' under Article 368 of the Constitution. The Theory of basic structure refers to the principle that certain fundamental features of the Constitution cannot be altered or destroyed by the Parliament through its amending power. The other cases mentioned, Minerva Mills Vs. Union of India, Waman Rao Vs. Union of India, and L. Chandra Kumar Vs. Union of India, are all related to the Theory of basic structure and have dealt with various aspects of constitutional amendments and their validity.

The definition of law under Article 13 of the Constitution of India includes customs, usage having no force of law, and ordinances. However, legislation is not included in this definition. Legislation refers to the process of making or enacting laws by a legislative body, such as the Parliament or state legislatures. Therefore, it is not considered as part of the definition of law under Article 13.

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The correct answer is the 44th Amendment. This amendment was brought to override Article 14 and Article 19 by incorporating Article 31(c) into the Constitution. Article 31(c) allows laws giving effect to the principles laid down in Article 39(b) and (c) to override the fundamental rights guaranteed by Article 14 and Article 19. Therefore, the 44th Amendment is the correct choice as it introduced this provision into the Constitution.

The correct answer is "Sovereign: Constitution rests on the people's will." This is because the term "sovereign" refers to a state or country that has supreme power or authority. In a sovereign state, the constitution is based on the will of the people, meaning that the people have the ultimate say in how the country is governed. The constitution is created and upheld by the people, and it serves as the foundation for the state's political and legal systems.