AILET entrance exam Question Bank Solutions for Legal Reasoning

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The Indian Constitution provides how many methods of amendment?

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WE THE PEOPLE OF INDIA, having solemnly ...... to constitute India into a sovereign, socialist, secular, democratic republic.

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The emergency provisions of the Constitution of India were greatly influenced by

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The Council of Ministers has to tender its resignation if a vote of no-confidence is passed.

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Sovereignty under the constitution belongs to

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The Indian constitution was adopted by the Constituent Assembly on

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Which of the pair is correctly matched?

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Which part of the Constitution defines Fundamental Rights?

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The Council of Ministers can remain in power only so long as it enjoys the confidence of the

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Principle:

1. Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.
2. If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether, by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.

Explanation: —A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.

III. If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation

1. Assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State;
2. Declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

Facts: When India gained its independence, various groups of people in India had their separate ideas of how independent India should be. Secularism was not at the top of the agenda for many of those groups. One such group was Dharmik SainyaParishad (DSP). However, the party leading the movement for independent India, Secular Party of India (SPI) had the strongest say in the drafting of constitution and India constitutionally adopted secularism as the state policy.
While 65 years after independence, SPI is still ruling the government at the centre as well as many state governments, those identifying with the DSP ideology are limited in presence to one of the states in India, Kalisa, which state is also currently ruled by a regional party. In the past few years, a young man in DSP, Kapil has been mobilizing other youth in the state. He holds meetings and delivers fiercely captivating speeches in which he describes how SPI has led the nation's downfall, caused widespread corruption and poverty and promoted sycophancy and nepotism. More youths are getting hooked to his ideas every day. Some of them have written newspaper articles about senior SPI leaders and their lives of excesses lived at the cost of millions of poor and hungry Indians and the need for India to get rid of SPI.
At the annual party meeting of SPI the following year with most senior leaders of SPI Present, both from the cabinet of ministers (including the Prime Minister) at the centre and those not having taken any position in the government, several thousand men in identical dresses with guns march in and hold the party members captive. After a person who appears as Kapilgives a speech telling SPI members what wrongs their party had committed, all the SPI members are shot dead.

Facts: The Senior Ministers including the Chief Minister of Kalisa state have openly declared that they now believe in the ideology of DSP, and are refusing to cooperate with the centre in enforcing legislation imposing stricter rules regarding possession and movement of arms. The situation is fast descending into a situation where another armed attack is possible in the country, with thousands of DSP men and arms moving freely within Kalisa, sparked further by the capture of their cadre in the national capital.

What is the best approach for the president and the union government?

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Principles:

1. It is a fundamental right that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
2. Laws dealing with marriages in a religious community fall outside the scope of fundamental rights.

Facts: The Municipal Corporation of Amanabad issues an order prohibiting any person residing out of the municipal limits of Amanabad from using Lake Alia, a lake located entirely within the municipal limits of Amanabad. The lake's maintenance is overseen and financed by the Municipal Corporation itself. The order is challenged in court. Will the challenge succeed?

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Principles:

1. It is a fundamental right that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to the use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
2. Laws dealing with marriages in a religious community fall outside the scope of fundamental rights.

Facts: Parliament passes a law recognizing a new and increasingly popular religion among the rich and the wealthy, Vaderism.The law reflects the strong beliefs in Vaderism of no public nudity by a married woman and therefore provides that a marriage between two followers of Vaderism may be declared void if the wife is ever found bathing at a public well, tank or bathing ghat. The law is challenged as violative of fundamental rights. Will the challenge succeed?

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Principle: The Constitution of India guarantees the Right to Equality to all persons and embodies the principle of non-discrimination. It provides protection to persons from arbitrary state action. State and private individuals are not however placed on the same footing under some circumstances.
Facts: The Madhya Pradesh government was in possession of 250 acres of land which had been let out to four different businessmen. The rate of rent applied on these businessmen for the land was raised by the government to a rate higher than that applicable on other individual property owners under the state under the Rent Control Act. The Government was exempted from the application of the Act.

Assuming that the government was in fact covered under the Act, as a judge your decision would be:

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Principles:

1. The Constitution of India has divided the power to make laws between the Central and State Legislatures by mentioning the subjects for legislation under the Union (under Central Government), State (under State Government) and Concurrent List(under both Central and State Governments) under the Seventh Schedule.
2. When the Central or State Legislatures exceed the subjects in their respective lists, the law so made is considered ultra vires the Constitution and has no effect.
3. A subsequent retrospective amendment of the Constitution widening the scope of legislation of the said legislature cannot validate such ultra vires legislation.
4. A fresh law enacted by the said Legislature post such an amendment of the Constitution is considered valid.
5. A Legislature in exercise of its valid legislative power may extend to its territory a law made by another Legislature.

Facts: In light of the growing economic development in the state of Gujarat, the state legislature passed a law on 26th December 2012 setting up Gujarat State Railways Corporation to ply goods trains between commercial areas within Gujarat. The law faced criticism since railways formed an entry under the Union List in the Seventh Schedule of the Constitution. The Gujarat legislature stood by the legislation owing to the 118th Constitutional Amendment of 28th December 2012 shifting only commercial railways to the Concurrent List.

Post the Constitutional Amendment, laws in relation to passenger railways can be made by:

Constitution of India was adopted by the constituent assembly on?

The first statute for the governance of India, under the direct rule of the British Government, was the

Constitution of India came into effect from?

Setting a supreme court was Calcutta is a part of?

The Christian Missionaries were allowed to spread their religion in India, under the Act?

Which Act is associated with "Courts can interpret the rules and regulations."?