Constitutional and Administrative Law Questions Asked in UGC NET Exam | UGC NET (Law) #Special

In the UGC NET Exam 2023 (December Cycle), approximately 27 questions were asked from the Constitutional and Administrative Law section. This significant number underscores the critical importance and substantial weightage of this subject in the exam. With 27 out of 100 questions focusing on this area, it is evident that a thorough understanding of Constitutional and Administrative Law is essential for success. This high concentration of questions demonstrates the need for candidates to prioritize this subject in their preparation strategy. Below is a comprehensive list of the questions asked from Constitutional and Administrative Law, serving as a valuable resource for future examinees.

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This article is regularly updated after every exam to ensure it remains a current and valuable tool for preparation.

The official syllabus of UGC NET (Law) for Constitutional and Administrative Law includes the following:

1. Preamble, fundamental rights and duties, directive principles of state policy.

2. Union and State executive and their interrelationship

3. Union and State legislature and distribution of legislative powers

4. Judiciary

5. Emergency provisions

6. Temporary, transitional and special provisions in respect of certain states

7. Election Commission of India

8. Nature, scope and importance of administrative law

9. Principle of natural justice

10. Judicial review of administrative actions – Grounds.

Constitutional and Administrative Law Questions Asked in UGC NET EXAM | UGC NET (Law) Special

UGC NET December 2023

1. Consider the following statement :

(A) Fundamental rights are expressly provided in the US Constitution

(B) Restrictions on fundamental rights are expressly provided in the US Constitution

(C) Fundamental rights and Human Rights are same in India

(D) Directive principles in Indian Constitution are not enforceable by courts

Choose the correct answer from the options given below :

[1] (A), (C), (D) Only

[2] (A), (D) Only

[3] (A), (B), (C) and (D)

[4] (A), (B), (D) Only

2. Match List - I with List - II.

List - I Case Hussainara Khatoon v. State of Bihar Kadra Phadia v. State of Bihar M. H. Hoskot v. State of Maharashtra Khatri v. State of Bihar

List - II Year of Reporting 1981 1980 1979 1978

Choose the correct answer from the options given:

[1] A-III, B-I, C-II, D-IV

[2] A-IV, B-II, C- IV, D-I

[3] A-I, B-II, C-III, D-IV

[4] A-III, B-II, C-1V, D-I

3. Art. 163 of the Constitution of India says that there shall be a Council of Ministers along with Chief Minister to aid and advise the Governor in exercise of his functions except so far he is required by the Constitution to exercise his functions or any of them in his discretion. Under what circumstances can Governor be called to exercise his discretion?

(A) Appointment of Chief Minister

(B) Dismissal of ministry or Dissolution of Assembly

(C) Submitting report to President for proclamation under Art. 356

(D) Appointment of High Court judges

Choose the correct answer from the options given below :

[1] (A), (B), (C) only

[2] (B), (C), (D) only

[3] (D), (C), (A) only

[4] (D), (A), (B) only

4. Match List - I with List - II

List -I Case Linkletter v. Walker Golak Nath v. State of Punjab Jolly George Varghese v. Bank of Cochin People's Union for Civil Liberties v. Union of India

List - II Issue/Concept/Principle Prospective overruling in the context of constitutional interpretation Right to register a "none of the above" vote Importation of provision from ICCPR into Indian Constitutional law Prospective overruling in the context of criminal procedure

Choose the correct answer from the options given below :

[1] A-II, B-I, C-IV, D-III

[2] A-I, B-IV, C-II, D-III

[3] A-IV, B-II, C-III, D-I

[4] A-IV, B-I, C-III, D-II

5. Art. 19 of the Constitution of India is automatically suspended if the proclamation of Emergency is declared on the grounds of :

(A) War

(B) External aggression

(C) Armed rebellion

(D) Failure of Constitutional machinery in the state

Choose the correct answer from the options given below :

[1] (A), (B) only

[2] (A), (B) and (C) only

[3] (A), (B), (C) and (D)

[4] (A), (C) and (D) only

6. Arrange the following cases relating to advice/direction of the Supreme Court to the State to enact a uniform civil code in the chronological order (advice earlier to later) of their pronouncement :

(A) Mohd. Ahmed Khan v. Shah Bano Begum

(B) Sarla Mudgal v. Union of India

(C) ABC v. State (Ncr of Delhi)

(D) Jorden Diengdeh v. SS. Chopra

(E) John Vallamattom v. Union of India

Choose the correct answer from the options given below :

[1] A, B, C, D, E

[2] B, D, A, E, C

[3] A, D, B, E, C

[4] E, D, C, B, A

7. Arrange the following cases in sequence of their year of verdict:

(A) Kesavananda Bharti v. State of Kerala

(B) Sankari Prasad v. Union of India

(C) Golak Nath v. State of Punjab

(D) Sajjan Singh v. State of Rajasthan

Choose the correct answer from the options given below :

[1] B, D, C, A

[2] A, B, C, D

[3] C, D, B, A

[4] A, D, B, C

8. Which Article in the Constitution of India established National Commission for the Scheduled Castes?

[1] Art. 335

[2] Art. 338

[3] Art. 341

[4] Art. 342A

9. Which among the following provisions of the Constitution of India mandates criminalisation of prohibited conduct?

[1] Article 17 only

[2] Article 23 only

[3] Article 17 and 23 only

[4] Article 17, 23 and 24

10. Match List - I with List – II

List - I Schedule Fifth Schedule Eight Schedule Tenth Schedule Fourth Schedule

List - II Description Languages Provisions of disqualification on ground of defection Administration and control of scheduled areas and scheduled tribe Allocation of seats in Council of States

Choose the correct answer from the options given below :

[1] A-I, B-II, C-IV, D-III

[2] A-III, B-I, C-II, D-IV

[3] A-II, B-IV, C-III, D-I

[4] A-IV, B-III, C-I, D-II

11. The following Articles in the Indian Constitution deal with protection of Environment and/or places :

(A) Art. 51 A (g)

(B) Art. 40

(C) Art. 48 A

(D) Aru 51 A (j)

(E) Art. 49

Choose the correct answer from the options given below :

[1] (A), (C) and (E) only

[2] (A), (B) and (C) Only

[3] (C), (D) and (E) only

[4] (A), (C) and (D) only

12. According to Kaushal Kishore v. State of UP (2023) the fundamental right under article 19 is available against:

[1] State actors only

[2] Non-state actors only

[3] State as well as non-state actors

[4] State under article 12 only

13. "To protect and improve the natural environment including forest, lakes, rivers and wildlife and to have compassion for living creatures" is provided under which Part of the Indian Constitution?

[1] Fundamental Rights

[2] Fundamental Duties

[3] Directive Principles of State Policy

[4] Obligation of State

14. In which of the following cases has it been held that the doctrine of basic features does not constitute a limitation on the legislature while enacting ordinary legislation?

[1] Indira Gandhi v. Raj Narain

[2] Swadeshi Industries v. Workmen

[3] Royappa v. State of Tamil Nadu

[4] Kishor v. State of Rajasthan

15. Art. 28 of the Constitution of India mentions four types of educational institutions given below. In which of the following institutions religious instruction can be imparted with the consent of individual or otherwise:

(A) Institution wholly maintained by the state

(B) Institution recognised by the state

(C) Institution that receives aid out of state fund

(D) Institution that are administered by the state but established under any trust or endowment

Choose the correct answer from the options given below :

[1] (A), (B), (C) only

[2] (B), (C), (D) only

[3] (A), (C), (D) only

[4] (A), (B), (D) only

16. Fundamental Duties in the Constitution of India under Article 51 A:

(A) can be enforced by the Supreme Court

(B) can be used by the Supreme Court in interpretation

(C) can be amended by the States

(D) has been amended by the Parliament only once

Choose the correct answer from the options given below :

(1) (B), (D) only

(2) (A), (B), (D) only

(3) (B), (C), (D) only

(4) (A), (B), (C) only

17. The Preamble of the Constitution of India:

[1] can be amended

[2] cannot be amended

[3] can be amended only by the Supreme Court

[4] cannot be amended because it is a part of the basic feature of the Constitution

Question 18-23
Comprehension:

Read the following passage and answer the questions :

In India, the protection and enforcement of human rights confined to "Civil and Political Rights" in the form of "Fundamental Rights" (Part Ill) and "Economic, Social and Cultural Rights" in the form of "Directive Principles" (Part IV) in the Constitution of India discusses the vision of the Constitution and its framers of the kind of society they aspired to establish in the country. The framers of the Constitution were quite clear in assigning an equal role to each and every individual in the political process and decision-making. Not only did they provide for universal adult suffrage but they also provide for affirmative steps in the form of seats allocation or reservation in election bodies for those incapable of competing in political process on equal footing. For effective participation in that process as well as for leading a dignified life, which they did not want to leave to the political process alone or postpone for the future, they also provided for Fundamental Rights and Directive principles, which have been distinguished as the conscience of the Constitution. and harmony and balance between them, have been found to be among the basic feature to the Constitution. Part IV A of the Constitution of India title "Fundamental duties" (Article 51 A) provides that every citizen must do his duty towards the nation as well as the fellow citizens.

Sub Question No: 18

18. Which of the following is part of the basic feature of the Constitution?

[1] Fundamental Duties

[2] Directive Policies

[3] Political Process and decision-making

[4] Harmony and balance between Part Ill and Part IV

Sub Question No: 19

19. The notion that every citizen must do his duty towards the nation as well as the fellow citizen is incorporated in the Indian Constitution in

[1] Part Ill

[2] Part IV

[3] Part IV A

[4] Preamble

Sub Question No: 20

20. Which is distinguished as the 'Conscience' of the Constitution?

[1] Fundamental Duties

[2] Preamble

[3] Universal adult suffrage

[4] Fundamental Rights and Directive Principles

Sub Question No: 21

21. The protection and enforcement of Human Rights under Article 32 is confined in India to:

[1] Fundamental Rights

[2] Economic, Social and Cultural Rights

[3] Fundamental Duties

[4] Right to Vote

Sub Question No: 22

22. Which Part of the Constitution of India discusses the vision of the Constitution and its framers as to which kind of society they aspired to establish in the country?

[1] Art 51 A

[2] Part Ill and Part IV

[3] Part IV only

[4] Part dealing with affirmative steps

Question 23-27: Comprehension

Read the passage carefully and answer the following questions :

This is the greatest paradox involved in the doctrine of 'basic features', namely, that though it does not constitute a limitation on the legislature while enacting ordinary legislation, it would operate as a limitation on the 'Constituent' body, though in the same breath it is conceded that the latter is a 'Sovereign' authority while the Legislature is not. This means that while determining the validity of an ordinary law, the court can only look into the express provisions of the Constitution or the necessary implications thereof, but when the validity of a Constitution Amendment Act is challenged, the court may travel behind or beyond the express provisions of the Constitution to invoke some principles superior to express provisions to find whether the impugned amendment is in tune with those principles, which are supposed to Constitute the 'norm' behind the specific provisions of the Constitution. In short, it involve an illogical attempt to usher in the doctrines of 'Spirit of the Constitution' or of 'natural law, through the backdoor, to circumscribe the Constitution itself, while it had been openly rejected as a limitation upon ordinary legislation.

Sub Question No: 23

23. Which of the following options reflect the opinion of the author as can be discerned from the cited paragraph?

[1] A critical and negative view of the way the court uses the doctrines of 'Spirit of the Constitution' and of 'natural law' to circumscribe the Constitution itself

[2] Admiration of the court's view that legislative power need not be circumscribed

[3] Neutral view on the use of basic features by the court to limit the constituent power and the legislative power

[4] Positive view on the use of natural law as a limitation on the legislative power and constituent power

Sub Question No: 24

24. While determining the validity of an ordinary law, what can the court look into?

[1] The court cannot look into the express provisions of the Constitution

[2] The court can only look into the necessary implications but not the express provisions of the Constitution

[3] The court can only look into express provisions of the Constitution or the necessary implications thereof

[4] The court can only look into the express provisions of the Constitution and not the implications thereof

Sub Question No: 25

25. What does the author identify as the greatest paradox involved in the doctrine of basic features?

[1] The doctrine does not constitute a limitation on the power of the Parliament, but limits the state legislatures

[2] The doctrine ushers in the concept of natural law through the backdoors, while the judiciary get a free run

[3] The doctrine operates as a limitation on the constituent body as well as legislature when enacting ordinary legislation

[4] The doctrine does not constitute a limitation on the legislature while enacting ordinary legislation but operates as a limitation on the Constituent body though the Constitue]nt body is a sovereign authority while the legislature is not

Sub Question No: 26

26. As per the apprehension of the author, when may a court travel beyond the express provisions of the Constitution to invoke some principles superior to the express provisions?

[1] While exercising the judicial power to interpret the constitution

[2] When the court wants to assert the power of judicial review

[3] When the validity of a Constitution Amendment Act I]s challenged

[4] When the validity of an ordinary legislation is challenged

Sub Question No: 27

27. What does the author consider to be the doctrine used to circumscribe the Constitution?

[1] Doctrine of 'Spirit of the constitution' and 'natural law'

[2] Doctrine of 'basic structure' and of 'grund norm'

[3] Doctrine of 'basic features' and of 'ultra vires'

[4] Doctrine of 'Constituent body' and of 'Sovereign authority'

Answer Key

1] 2; 2] 4; 3] 1; 4] 4; 5] 1; 6] 3; 7] 1; 8] 2; 9] 3; 10] 2; 11] 1; 12] 3; 13] 2; 14] 1; 15] 2; 16] 1; 17] 1; 18] 4; 19] 3; 20] 4; 21] 1; 22] 2; 23] 1; 24] 3; 25] 4; 26] 3; 27] 1

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