Constitutional Law : Legal Reasoning MCQ Practice Questions & Answers (Telugu) - ObjectiveMcq

Constitutional Law in Legal Reasoning : Practice MCQ Questions & Answers with Explanations

2 practice sets · Page 1 of 1

Legal ReasoningEasyConstitutional LawStatutory Interpretation

The passage notes that adding the words 'notwithstanding Section 170(3)' in the 2014 Act could have changed the legal position. Which principle does this highlight?

A non obstante clause in a statute can override other statutory provisions but not constitutional restrictions

A non obstante clause allows Parliament to amend the Constitution without following the amending procedure

Statutory non obstante clauses can bind the judiciary from interpreting constitutional provisions

A non obstante clause has the same status as a constitutional amendment

Correct Answer:

(A) A non obstante clause in a statute can override other statutory provisions but not constitutional restrictions

Explanation:

A non obstante clause ('notwithstanding' clause) in an ordinary statute can override other conflicting statutes or provisions within the same Act, but it cannot override the Constitution itself. Parliament can clarify legislative intent through such a clause and create a different statutory pathway, provided it does not contradict an express constitutional embargo like the one under Article 170(3).

Legal ReasoningEasyConstitutional LawDelimitation

The Supreme Court refused to permit delimitation in Andhra Pradesh and Telangana before the next Census. Which of the following BEST reflects the Court's interpretative reasoning?

Delimitation in States is constitutionally frozen until the first Census after 2026, and statutory promises in the 2014 Act cannot override Article 170(3)

Parliament may increase Assembly seats through an ordinary law even without Census data if a State government requests it

The Delimitation Commission may use provisional Census figures if the Assembly passes a resolution

The Centre is obligated to carry out delimitation under the Andhra Pradesh Reorganisation Act, irrespective of constitutional restrictions

Correct Answer:

(A) Delimitation in States is constitutionally frozen until the first Census after 2026, and statutory promises in the 2014 Act cannot override Article 170(3)

Explanation:

Article 170(3) of the Constitution mandates that readjustment of seats in State Legislative Assemblies shall occur only after completion of each Census, with a specific embargo on delimitation until after the first Census post-2026. The Court held that a parliamentary statute like the Andhra Pradesh Reorganisation Act, 2014, cannot override this constitutional bar — it can only operate within the constitutional framework.