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Constitution Law Part 2 judicial interview questions

The President of India is elected by a body of electors constituting an Electoral College...Constitution Law Part 2....
Q. What is the procedure for the Election of the President?

Ans. The President of India is elected by a body of electors constituting an Electoral College.

The Electoral College consists of:

  • Elected members of the Lok Sabha and Rajya Sabha.
  • The elected members of the legislative assemblies of the state.
  • The members of the legislative assembly of the national capital territory of Delhi and the union territory of Puducherry.

Election shall be held in accordance with the system of proportional representation by means of a single transferable vote. (Article 55)

Q. What is Article 70 of the Constitution of India?

Ans. Discharge of the President’s function in another contingency.

Parliament may make such provision as it thinks fit for the discharge of the functions of the president in any contingency not provided for Chapter I of Part V

Q. Which Article of the Constitution is concerned with the pardoning power of the President?

Ans. The President of India grants pardons under Article 72 of the Constitution of India.

The court held in the case of Kehar Singh that it falls within the judicial domain and can examine Article 72 by way of judicial review.

Q. What does Article 72 (3) of the Constitution state?

Ans. This Article states that the president’s power to suspend, remit or commute a sentence of death shall not be affected by the power conferred to President under Articles 72(1) and (2).

Q.    What is the Presidential form of government and how does it differ from the Parliamentary form of government?

Ans. A presidential form of Government is a strong and stable Government. In this system, Bureaucracy remains under the mature surveillance of Political leadership. The prime disadvantage of this Government is that president selects his closest friends even with no intelligence.

Parliamentary form of Government. There isan option to choose the best one. ‘In this system selection of prime minister is on the will of the majority of members of parliament. A disadvantage is a delay in decisions and ministers are selected by the Prime Minister on the basis of the influence of the party.’

Q.   What are the recommendations of the SarkariaCommission on the Role of the Governor?

Ans. The following recommendations:-

  • He should be a man of some eminence in some field. He should not belong to the state where he has to serve as the Governor.
  • He should be a part of politics generally.
  • Article 155 of the Constitution of India should be amended to ensure effective consultation with the Chief Minister of a state while appointing.
Q. What is the status of Parliamentary privileges?

Ans. Parliamentary privileges is the sum of the peculiar rights enjoyed by each house collectively and by members of each house individually.

Q.  What are Motions?

Ans. A motion is a proposal by a member of the house for its opinion/decision.

Q. How Judges of the Supreme Court are appointed and transferred?

Ans. A panel of five senior-most judges of the Supreme Court (called the collegiums) finalizes the name of judges for appointment and transfers of judges.

Q. What is Article 226 of the Constitution?

Ans. Under 226 of the Constitution of India High Court can issue writs.

Article 226 grants an extraordinary, discretionary remedy although founded on legal injury.

Q. Which Article of the Constitution deals with Inter-State River Water Disputes?

Ans. Under Article 262 of the constitution of India. Indian parliament passed the Interstate River water dispute Act 1956. This Act is applicable only to inter-state river/river valleys.

Q. What is Fundamental Rights and how it differs from Ordinary Right?

Ans. Fundamental rights are restrictions on the State. Part III of the Constitution provides the list and remedy of fundamental rights. This provides for a constitutional remedy under Article 32 of the Constitution.

In case of other rights, a citizen may have to seek remedy by filing an ordinary application before a lower/subordinate court, or by writ under Section 226 of the constitution of India.

Q. What do you understand by law and legislation?

Ans. Legislation is a law that has been promulgated by the legislature.

Law originates from universally accepted principles. This is a system of rules and deadlines which are enforced through social legislation.

Q. Which Article of the Constitution deals with equality before the law and equality protection of the law?

Ans. Article 14 of the Constitution.

Q. Which Article is concerned with Catch up Rule?

Ans. 16 (4A) of the Constitution.

Q. Which Article is concerned with a Separate quota?

Ans. 16 (4B) of the Constitution.

Q. What changes have been made in Article 19 by the 44th Constitutional Amendment?

Ans. The 44th Amendment added certain provisions to Article 19 of the Constitution of India, including the addition of the words “to reside and settle in any part of the territory of India.”

Q. Which Article of the Constitution provides for Protection against self-incrimination?

Ans. Article 20 (3) of the Constitution of India provides the provision for protection against self-incrimination. The immunity is available only to a person who is accused of an offence. It can be claimed by natural persons as well as corporations. It does not extend to civil proceedings or such proceedings which are not of a criminal nature.

Q. Who was the chairman of the Ad hoc Committee on the Supreme Court of Constituent Assembly?

Ans. S. Varadachari.

Q.  What do you understand by Due Process of Law and Procedure established by law?

Ans. The US Constitution employs the expression of due process of law while our Constitution used procedure established by law. In the case of Menaka Gandhi v. Union of India AIR 1978 SC, it was held that due process has been imported and established as a part of the constitution.

Q. What is Article 23 and 24 of the Constitution?

Ans. Article 23 states the prohibition of traffic in human beings and forced laborthroughArticle 24 states the prohibition of children in factories.

Q.  Which Article of the Constitution deals with freedom of conscience?

Ans. Article 25 provides for freedom ofconscience and free profession, practice, and propagation of religion.

Q. In which Article of the Constitution has cultural and educational Right has been mentioned?

Ans. Article 29 of the constitution of India states the protection of the interests of minorities though Article 30 states the right of minorities to establish and administer educational institutions.

Q.  What is the status of the Preamble?

Ans. Yes, the preamble is part of the Constitution. It is essential for the Constitution because it opens the mind to the maker of the Constitution.

Q. How 42nd Constitutional Amendment affected DPSP?

Ans. It has added the provision for the participation of workers in the management of industries.

Q.By which subject are Articles 15(5), 21A, 19(1)(f), 31, 33, 34, 35 concerned?

Ans. Fundamental Rights.

Q. What is the role of the President and Governor?

Ans. The President of India is the head of State of the Republic of India. He is the formal head of the executive, legislature, and judiciary.

The prime minister is the chief advisor of the President of India. He is the head of the council of ministers.

Q.  What is Article 13 of the Constitution?

Ans. It deals with the definition of law. It also says that laws inconsistent with or in derogation of fundamental rights are Void.

Q. What is Reservation and how it is related to Protective discrimination?

Ans. Protective discrimination is the policy of granting special privileges to the downtrodden and the underprivileged sections of society most commonly women.

Reservation Policies are the essence of protective discrimination. This is affirmative action to improve backward considered societies.

Q. Which Article of the Constitution deals with award/title?

Ans. Art. 18 deals with the abolition of titles. It says State shall not confer any title except Military and academic.

Q. What is personal liberty and how it is associated with liberty?

Ans. A wide variety of rights, which constitute the personal liberties of a person other than those already included in Article 19, are covered by personal liberty.

Liberty means the freedom or liberty provided under fundamental rights.

Q. What do you understand by the words Ultra Vires and Unconstitutional?

Ans. Ultra vires mean beyond the powers.

An act is said to be unconstitutional if this is at variance with or not permitted by the Constitution.

Read More: What Are Fundamental Rights Of the Indian Constitution?

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