Legal Bites brings to you Constitutional Law Mains Questions Series Part-III. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list question curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.
Constitutional Law Mains Questions Series Part-III
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.
Constitutional Law Mains Questions Series Part-III of X
What are the grounds for imposing ‘reasonable restrictions on the exercise of the right to freedom of speech and expression by a citizen, under the Constitution of India? X, a resident of Patna, migrates to Madras and establishes a cloth-shop there which is commonly known as the ‘North Indian Shop; Some local residents of Madras organize picketing at X’s shop and dissuade customers from purchasing cloth from that shop.
Decide, if the above acts of picketing and dissuading by Madras residents are protected by Article 19(1)(a) of the Constitution of India which guarantees to every citizen the right to freedom of speech and expression. Give reasons for your answer. [BJS 1979]
“Freedom of speech can be restricted only in the interest of the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.” Elucidate the above statement with suitable case laws in relation to the freedom of the press. [UPJS 2015]
Write a note regarding involuntary subjection of a person to narco-analysis test, polygraph test, and brain mapping test with special reference to the latest judgments of the Supreme Court of India. [RJS 2016]
A is arrested by the police in connection with an FIR registered against him by name at the instance of X, the victim of the alleged rape by A. A is arrested and in due course sent to Judicial Custody. While in judicial custody, the police make an application to the court stating that A has been uncooperative during the time he was in their custody and for the purpose of an effective investigation, the police want to have a DNA Profile of A for a scientific investigation of some specimens collected during the investigation from the spot and the evidence furnished by the victim.
A, on the advice of his counsel, declines to give the sample of his blood or semen, as called upon by the Police. He contends that in terms of the constitutional protection envisaged in Article 20(3) of the Constitution of India, which says that no person accused of any offence shall be compelled to be a witness against himself, he cannot be called upon to give any specimen as asked for the police and he also claims of his right to privacy being a part of Article 21 of the Constitution.
The police contend that there is no bar for the court to compel the accused to comply with the requirement of the police and the court can use necessary means to secure the taking of the required evidence which is relevant under the Evidence Act. Decide the application. [DJS 2006]
Describe the protection in respect of conviction for an offence as provided in Constitution. Compare the same with the analogous provisions in Criminal Law. [MPJS 2011, 2019]
What is Double Jeopardy? Explain. [MPJS 2013]
Write a comprehensive note on constitutional guarantees against Ex-Post Facto. [BJS 1977]
“Right to privacy is not an absolute right, but now it is a fundamental right.” Explain the statement with reference to Justice K.S. Puttaswamy (Retd.) and Anr. Case. [BJS 2018]
Describe the right to life and personal liberty, whether the death sentence is violative of Article-21? How the right to life and personal liberty, guaranteed by Article 21, may be curtailed? [MPJS 2018]
A was convicted for the various terms of imprisonment in three cases under sections 380, 395, and 457 of the Indian Penal Code, 1960. Several similar cases were pending against him. The Police published his photographs in public places, with a warning that he is a criminal who has to be taken care of. A challenges the publication of his photographs on various grounds. Discuss the legal issues involved in the case. [Punj JS 2006]
A was arrested by a police party from his house and kept in a secluded building for three days, without informing any person about the arrest or the place of his detention. For all these days A was neither told about the reasons or grounds of his arrest now permitted to contact any person. After three days confinement A was released and informed that he was free to go anywhere. What are the illegalities involved in the above arrest process? [Punj JS 2001]
Discuss the scope of the protection given to life and liberty under the Indian Constitution. Refer to the latest Supreme Court decision. [BJS 1980]
Write a critical essay on the Concept of personal liberty favoured by the Supreme Court. [BJS 1986]
Trace the development of the fundamental right to life and personal liberty from 1950 to the present day. What are the contents of this right now? [BJS 1987]
Critically examine the fundamental rights to life and personal liberty since 1978 with the help of decided cases. [BJS 2006]
“Right to privacy is now fully recognised as a Fundamental Right in India”. Explain. [UPJS 2006]
Critically evaluate the scope of the expression ‘Personal Liberty’ in Article 21 of the Constitution of India. Do you think that the expression ‘procedure established by law’ in Article 21 introduces in India, the American ‘due process clause’ on the subject? Discuss. [UPJS 2015]
What protections against arrest and detention have been provided to a person in the Constitution of India? [RJS 1986, MPJS 2012]
Write a short essay on constitutional protection against Preventive Detention as granted under Article 22. [BJS 1977]
Right to Freedom of Religion (A. 25-28)
Discuss the right to Freedom of Religion under the Constitution of India and explain the limitation of it. [MPJS 2017]