Preparing for the AIBE (All India Bar Examination) requires a strong understanding of Constitutional Law, one of the most important areas of the AIBE syllabus. This article covers 30 Most Important Previous Year Questions (PYQs) on Constitutional Law, carefully selected to help aspirants revise key constitutional provisions, landmark principles, and frequently tested concepts effectively.
Practice AIBE Constitutional Law Questions
Q1
The concept of 'Public Interest Litigation' (PIL) originated in which country?
While PIL has become highly prominent in India (pioneered by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer), the concept originally evolved in the United States in the 1960s to provide legal representation to previously unrepresented groups like the poor and environmentalists.
Q2
Article 21 of the Indian Constitution ensures:
Article 21 states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." It is considered the heart of fundamental rights.
Q3
In which landmark judgment did the Supreme Court hold that the 'Basic Structure' of the Constitution cannot be amended?
In the historic Kesavananda Bharati case, a 13-judge bench ruled that Parliament's amending power under Article 368 is broad but does not include the power to alter the "basic structure" or framework of the Constitution.
Q4
Which writ is issued by a higher court to a lower court to transfer a case to itself or quash its order?
The writ of Certiorari is issued to correct errors of jurisdiction or law on the face of the record by inferior courts or tribunals. It can be issued to quash an order already passed.
Q5
The power to prorogue the Lok Sabha rests with:
Under Article 85(2)(a) of the Constitution, the President has the power to prorogue (terminate a session without dissolving the assembly) either House of Parliament.
Q6
Uniform Civil Code is provided in which Article of the Indian Constitution?
Article 44 (Directive Principles of State Policy) directs the State to endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.
Q7
Fundamental Duties were added to the Constitution by which Amendment Act?
Fundamental Duties (Part IVA, Article 51A) were incorporated upon the recommendation of the Swaran Singh Committee via the 42nd Constitutional Amendment Act, 1976.
Q8
The President of India can be impeached for violation of the Constitution under Article:
Article 61 lays down the procedure for the impeachment of the President for "violation of the Constitution". The charge must be initiated by either House of Parliament.
Q9
Who appoints the Chief Justice of India?
Under Article 124(2), every Judge of the Supreme Court, including the Chief Justice, is appointed by the President by warrant under his hand and seal (acting on the advice of the collegium).
Q10
Money bills can be introduced only in the:
According to Article 109, a Money Bill shall not be introduced in the Council of States (Rajya Sabha). It can only be introduced in the House of the People (Lok Sabha) with the prior recommendation of the President.
Q11
Article 32 of the Constitution provides for:
Article 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the "heart and soul" of the Constitution.
Q12
The Doctrine of 'Pith and Substance' is related to:
When a law enacted by one legislature allegedly encroaches upon the subject matter of another (Lists I, II, or III), courts apply the doctrine of 'Pith and Substance' to find out the true nature and character of the legislation.
Q13
National Emergency under Article 352 can be declared on the grounds of:
The 44th Amendment Act (1978) replaced the vague term "internal disturbance" with "armed rebellion" to prevent misuse of emergency powers.
Q14
Who is the ex-officio Chairman of the Rajya Sabha?
According to Article 64 of the Constitution, the Vice-President of India shall be ex-officio Chairman of the Council of States (Rajya Sabha).
Q15
The pardoning power of the Governor is provided under which Article?
Article 161 grants the Governor of a State the power to grant pardons, reprieves, respites, or remissions of punishment for offenses against laws relating to matters to which the executive power of the State extends. (Article 72 is for the President).
Q16
Which of the following is NOT a Fundamental Right?
The Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is now a legal/constitutional right under Article 300A.
Q17
Which Schedule of the Indian Constitution deals with the Anti-Defection Law?
The Tenth Schedule was added by the 52nd Amendment Act in 1985. It contains provisions as to disqualification on the ground of defection.
Q18
The Ordinance making power of the President is:
Promulgating an ordinance under Article 123 is a legislative power exercised by the President when Parliament is not in session. It has the same force and effect as an Act of Parliament.
Q19
The 'Rule of Law' is embodied in which Article of the Constitution?
Article 14 ensures equality before the law and equal protection of laws, which is the cornerstone of the concept of the 'Rule of Law' (as propounded by A.V. Dicey).
Q20
Who decides disputes regarding the election of the President and Vice-President?
Under Article 71, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court, whose decision shall be final.
Q21
The Concurrent List in the Indian Constitution was adopted from the Constitution of:
The idea of the Concurrent List (List III in the Seventh Schedule), where both the Union and States can make laws, was borrowed from the Australian Constitution.
Q22
What is the minimum age prescribed for a person to be appointed as Governor of a State?
Article 157 prescribes the qualifications for appointment as Governor, stating that no person shall be eligible unless he is a citizen of India and has completed the age of 35 years.
Q23
The doctrine of 'Eclipse' applies to:
Initially applied to pre-constitutional laws under Article 13(1) (Bhikaji Narain case), the Supreme Court later held in State of Gujarat v. Ambica Mills that the doctrine can also apply to post-constitutional laws under Article 13(2) against non-citizens.
Q24
"State" under Article 12 of the Constitution does NOT include:
While the executive and legislative functions of the judiciary may fall under "State", the Supreme Court has clarified that a court acting in its judicial capacity is not considered a "State" under Article 12, so its judicial orders cannot be challenged for violating Part III rights.
Q25
Which Article allows the Supreme Court to grant 'Special Leave to Appeal'?
Article 136 gives extraordinary power to the Supreme Court, in its discretion, to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in India.
Q26
Double Jeopardy (protection against being punished twice for the same offense) is guaranteed under:
Article 20(2) states that "no person shall be prosecuted and punished for the same offence more than once." This is the Indian constitutional embodiment of the principle of autrefois convict.
Q27
The procedure for the amendment of the Constitution is laid down in:
Article 368 (Part XX) provides for the power of Parliament to amend the Constitution and details the procedure for such amendments (simple majority, special majority, or special majority with state ratification).
Q28
Free legal aid is provided under which Article?
Article 39A (inserted by the 42nd Amendment) directs the State to secure that the operation of the legal system promotes justice on a basis of equal opportunity, and to provide free legal aid to ensure opportunities for securing justice are not denied by economic or other disabilities.
Q29
Which case is known as the "Habeas Corpus case" during the Emergency?
In this infamous 1976 case, the Supreme Court ruled (with Justice H.R. Khanna dissenting) that during a national emergency, the right to approach the court for enforcement of Article 21 (habeas corpus) remains suspended.
Q30
The "Residuary Powers" of legislation under the Indian Constitution vest in:
Under Article 248 and Entry 97 of the Union List, exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or State List (residuary powers) vests with the Parliament.
Conclusion: Practicing these 30 Important Constitutional Law PYQs is a highly effective strategy for your AIBE Exam Preparation. Constitutional Law sets the foundation for legal practice in India. Bookmark this page and revisit these AIBE Constitutional Law Questions to ensure you are well-prepared for exam day!
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