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In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that right to livelihood is part of right to life under Article 21, and eviction of pavement dwellers without alternative arrangement violates this right.
- True
- False
Answer: True
Olga Tellis (Pavement Dwellers Case, 1985): SC held: (a) Right to livelihood is integral to right to life under Article 21 (no person can live without means of living), (b) Eviction of pavement dwellers without alternative arrangement violates Article 21, (c) However, State can evict for public purpose with due procedure and rehabilitation. Expanded scope of Article 21 beyond physical existence to dignified life.
In Indra Sawhney v. Union of India (1992), the Supreme Court upheld reservation for OBCs but introduced which concept to exclude advanced sections within OBCs?
- Poverty line
- Creamy layer
- Income ceiling
- Educational qualification
Answer: Creamy layer
Indra Sawhney (Mandal Case, 1992): 9-judge bench upheld 27% reservation for OBCs but: (a) Excluded 'creamy layer' (advanced sections) within OBCs, (b) Capped total reservation at 50% (with exceptions), (c) Held reservation not applicable to promotions (later amended by 77th/85th Amendments). Landmark judgment balancing social justice with merit; foundation of OBC reservation jurisprudence.
In M.C. Mehta v. Union of India (Oleum Gas Leak case, 1987), the Supreme Court evolved the principle of ______ liability for enterprises engaged in hazardous activities, making them absolutely liable for harm caused.
- vicarious
- strict
- absolute
- contributory
Answer: absolute
M.C. Mehta (Oleum Gas Leak, 1987): SC evolved 'absolute liability' principle: enterprises engaged in hazardous/inherently dangerous activities are absolutely liable for harm caused, without exceptions available under strict liability (Rylands v. Fletcher). No defense of act of God, third party, etc. Foundation for environmental jurisprudence; led to compensation for Bhopal victims, pollution control measures.
In Unnikrishnan v. State of Andhra Pradesh (1993), the Supreme Court held that right to education up to age 14 is a fundamental right flowing from Article 21, which later led to the 86th Amendment inserting Article 21A.
- True
- False
Answer: True
Unnikrishnan (1993): SC held right to education up to age 14 is fundamental right implicit in Article 21 (life with dignity). Directed State to provide free education within economic capacity. Led to 86th Amendment (2002) inserting Article 21A making education for 6-14 years a Fundamental Right, operationalized by RTE Act, 2009. Illustrates judicial legislation prompting constitutional amendment.
In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court struck down the 99th Constitutional Amendment establishing NJAC holding that which principle is part of basic structure?
- Parliamentary supremacy
- Judicial independence
- Executive accountability
- Federal balance
Answer: Judicial independence
NJAC Judgment (2015): 4:1 majority struck down 99th Amendment and NJAC Act. Held: (a) Collegium system (judges appointing judges) is part of basic structure, (b) Executive participation in appointments threatens judicial independence, (c) Primacy of judiciary in appointments essential for separation of powers. Controversial judgment; debate on judicial appointments reform continues.
In S.P. Gupta v. Union of India (1981), the Supreme Court relaxed the rule of ______ to allow public-spirited persons to file petitions for enforcement of rights of disadvantaged groups, pioneering Public Interest Litigation in India.
- stare decisis
- locus standi
- natural justice
- separation of powers
Answer: locus standi
S.P. Gupta (First Judges Case, 1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage. Transformed judicial role from dispute resolution to social justice delivery; foundation of PIL jurisprudence in India.
In Hussainara Khatoon v. State of Bihar (1979), the Supreme Court recognized right to speedy trial as part of right to life and personal liberty under Article 21.
- True
- False
Answer: True
Hussainara Khatoon (1979): SC held right to speedy trial is implicit in Article 21 (life and personal liberty). Case involved undertrial prisoners detained for periods longer than maximum sentence for alleged offences. Led to release of thousands of undertrials; established procedural due process as part of Article 21. Foundation for subsequent PILs on prison reforms, legal aid, human rights.
In SR Bommai v. Union of India (1994), the Supreme Court held that imposition of President's Rule under Article 356 is subject to judicial review and emphasized which principle as part of basic structure?
- Parliamentary sovereignty
- Federalism
- Separation of powers
- Directive Principles supremacy
Answer: Federalism
SR Bommai (1994): 9-judge bench held: (a) Federalism is part of basic structure, (b) Presidential satisfaction under Article 356 subject to judicial review, (c) Floor test is primary method to test majority, (d) State Assembly dissolution not automatic; can be revived if proclamation invalidated. Curbed arbitrary use of Article 356; landmark judgment protecting State autonomy within federal framework.
In Minerva Mills v. Union of India (1980), the Supreme Court struck down parts of the 42nd Amendment holding that ______ and ______ are complementary and neither has primacy over the other.
- Fundamental Rights, Directive Principles
- Union, States
- Executive, Legislature
- Centre, Judiciary
Answer: Fundamental Rights, Directive Principles
Minerva Mills (1980): SC struck down parts of 42nd Amendment that gave primacy to DPSP over FRs and excluded judicial review of amendments. Held: (a) Balance between FRs (Part III) and DPSP (Part IV) is basic structure, (b) Judicial review is part of basic structure, (c) Limited amending power is basic structure. Reinforced Kesavananda doctrine; cornerstone of constitutional jurisprudence.
In Justice K.S. Puttaswamy v. Union of India (2017), a 9-judge bench of the Supreme Court unanimously held that right to privacy is a fundamental right under Article 21.
- True
- False
Answer: True
Puttaswamy case (2017): 9-judge bench unanimously held right to privacy is intrinsic to life and liberty under Article 21; also part of freedoms under Article 19 and equality under Article 14. Overruled M.P. Sharma (1954) and Kharak Singh (1962) which held privacy not a fundamental right. Foundation for subsequent judgments on Aadhaar, decriminalization of homosexuality, reproductive rights.
In which landmark case did the Supreme Court propound the 'Basic Structure Doctrine' limiting Parliament's amending power?
- Golaknath v. State of Punjab (1967)
- Kesavananda Bharati v. State of Kerala (1973)
- Minerva Mills v. Union of India (1980)
- Indira Gandhi v. Raj Narain (1975)
Answer: Kesavananda Bharati v. State of Kerala (1973)
Kesavananda Bharati (1973): 13-judge bench held Parliament can amend any part of Constitution but cannot alter its 'basic structure'. Basic features include: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity. Landmark judgment balancing parliamentary sovereignty with constitutional supremacy; foundation of Indian constitutionalism.
The Governor of a State is appointed by the President by warrant under his hand and ______.
- Seal of the State
- Seal of the Union
- Signature of the Prime Minister
- Advice of the Council of Ministers
Answer: Seal of the Union
Article 155 states: 'The Governor of a State shall be appointed by the President by warrant under his hand and seal.' The 'seal' refers to the Seal of the Union (not State), emphasizing that the Governor is a Union appointee representing the Centre in the State. This reflects the federal balance in India's quasi-federal structure.
The Committee on Public Undertakings examines the reports of the ______ and has ______ members (15 from Lok Sabha + 7 from Rajya Sabha).
Answer: Comptroller and Auditor General, 22
The Committee on Public Undertakings (CPU) has 22 members (15 LS + 7 RS) and examines reports of the CAG on public sector undertakings. It assesses efficiency, financial performance, and autonomy of PSUs. Like PAC, its Chairman is traditionally from the Opposition, ensuring non-partisan scrutiny of government enterprises.
In the Puttaswamy case (2017), the Supreme Court held that the Right to Privacy is an intrinsic part of Article 21 and also part of the freedoms guaranteed by Part III.
- True
- False
Answer: True
In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a nine-judge bench unanimously held that Right to Privacy is: (1) An intrinsic part of Article 21 (life and personal liberty), (2) Part of freedoms under Part III (e.g., Article 19), (3) A natural right inherent in human dignity. This judgment has profound implications for data protection, surveillance, and personal autonomy.
The 86th Constitutional Amendment Act, 2002 is associated with:
- Right to Education
- Goods and Services Tax
- Panchayati Raj
- Anti-Defection Law
Answer: Right to Education
The 86th Amendment Act, 2002: (1) Added Article 21A making education a Fundamental Right for children 6-14 years, (2) Added Directive Principle Article 45 for early childhood care, (3) Added Fundamental Duty Article 51A(k) for parents to provide education opportunities. This amendment operationalized the constitutional commitment to universal elementary education.
The Tenth Schedule was added by the ______ Constitutional Amendment Act, 1985.
Answer: 52nd
The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule (Anti-Defection Law) to curb political defections motivated by lure of office or similar considerations. It was a response to the 'Aya Ram, Gaya Ram' phenomenon of the 1960s-70s. The law was later strengthened by the 91st Amendment (2003) removing the 'split' exception.
The Constitution mandates that the Prime Minister must communicate all decisions of the Council of Ministers to the President in Hindi.
- True
- False
Answer: False
Article 78(a) requires the Prime Minister to communicate all Council of Ministers' decisions to the President, but does not specify language. Article 346 allows communication between States and with the Union in Hindi or English. In practice, English remains dominant in high-level executive communication due to administrative continuity and linguistic diversity.
Under Article 252, Parliament can legislate on a State List subject if:
- Rajya Sabha passes a resolution by simple majority
- Two or more State Legislatures pass resolutions requesting such law
- President issues a proclamation of emergency
- Supreme Court directs Parliament to legislate
Answer: Two or more State Legislatures pass resolutions requesting such law
Article 252 enables 'cooperative federalism': if two or more State Legislatures pass resolutions requesting Parliament to legislate on a State List subject, Parliament can make a law applicable to those States (and others that adopt it later). Examples: Water (Prevention and Control of Pollution) Act, 1974; Urban Land (Ceiling and Regulation) Act, 1976.
The Chairman of the Union Public Service Commission (UPSC) is appointed by the ______ and can be removed by the ______ on grounds of misbehaviour.
Answer: President, President
Article 316 states that UPSC Chairman and members are appointed by the President. For removal, Article 317 requires: (1) Presidential reference to Supreme Court for inquiry, (2) Supreme Court report confirming misbehaviour/incapacity, (3) Presidential order of removal. This ensures independence while maintaining accountability for constitutional office-holders.
The Supreme Court can award compensation in PIL cases for violation of Fundamental Rights.
- True
- False
Answer: True
In Rudul Sah v. State of Bihar (1983) and subsequent cases, the Supreme Court held that it can award monetary compensation in PIL/writ petitions for violation of Fundamental Rights, especially under Article 32. This 'constitutional tort' remedy provides immediate relief to victims when ordinary civil remedies are inadequate, enhancing access to justice.