UPSC (2026 )Prelims Practice Questions 0n'Constitutional Morality'

 

UPSC (2026 )Prelims Practice Questions 0n'Constitutional Morality' 

1. The term 'Constitutional Morality' was historically introduced by:

(a) B.R. Ambedkar

(b) A.V. Dicey

(c) George Grote

(d) Justice Frankfurter

Explanation:

• The text states: "The term itself is not of recent vintage. In his book, History of Greece (1846), historian George Grote wrote... which he termed 'constitutional morality'."

• While Ambedkar popularized it in India, the historical originator was George Grote.

• Correct Answer: (c)

2. In the context of the relationship between law and morality, the Supreme Court in P. Rathinam vs Union of India endorsed the view that law:

(a) Must always follow the prevailing public morality.

(b) Is independent of moral principles.

(c) Embodies a system of rights based on moral principles.

(d) Should be used primarily to enforce the moral welfare of the state.

Explanation:

• The text explicitly mentions: "the Supreme Court of India... quoted with approval the observations of Justice Frankfurter... that the law 'embodies a system of rights based on moral principles...'"

• This makes option (c) the most accurate choice.

• Correct Answer: (c)

3. According to A.V. Dicey, a breach of 'Constitutional Morality' or a 'Convention of the Constitution':

(a) Is directly enforceable by the courts as a legal wrong.

(b) Is justiciable only if it violates a fundamental right.

(c) Is not directly enforceable by the courts but may lead to political consequences.

(d) Can be remedied only through a constitutional amendment.

Explanation:

• The text explains Dicey's distinction: "a breach of constitutional morality or a constitutional convention would almost immediately bring the offender into conflict with the courts and the law of the land" but they are "not enforced by the courts."

• This aligns perfectly with option (c).

• Correct Answer: (c)

4. In the Manoj Narula vs Union of India case, the Supreme Court primarily used the concept of 'Constitutional Morality' to:

(a) Disqualify a minister facing criminal charges.

(b) Legislate a new disqualification for members of parliament.

(c) Express a legitimate expectation from the Prime Minister regarding ministerial appointments.

(d) Define the limits of the President's power to pardon.

Explanation:

• The text clarifies that the Court "refused to legislate a disqualification" but used constitutional morality to express a "legitimate expectation" that the PM would not choose persons accused of heinous offences.

• Correct Answer: (c)

5. Dr. B.R. Ambedkar, while invoking constitutional morality in the Constituent Assembly, made which of the following critical observations?

(a) It is a natural sentiment deeply ingrained in Indian society.

(b) It has to be cultivated, as Indian soil is essentially undemocratic.

(c) It is synonymous with the ancient Indian concept of Dharma.

(d) It should be left entirely to the wisdom of the judiciary to interpret.

Explanation:

• Ambedkar's crucial warning is quoted: "Constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic."

• This matches option (b) exactly.

• Correct Answer: (b)

6. Consider the following statements:

1. Law always follows the morality of society.

2. Law can be a tool to lead and change societal morality.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation:

• The text provides a nuanced view. It states that sometimes "law leads morality (abolishing untouchability...)" and sometimes "law follows it (slow recognition of gender equality)."

• Therefore, Statement 1 is incorrect (as it says "always"), and Statement 2 is correct.

• Correct Answer: (b)

7. The idea that the law has a residual power to enforce the 'moral welfare of the State' was upheld in which of the following cases?

(a) S.P. Gupta Case

(b) Shaw vs DPP

(c) Solesbee vs Balkcom

(d) Indian Young Lawyers Association (Sabarimala) Case

Explanation:

• The text mentions: "The 1960s also saw the House of Lords declaring, in Shaw vs DPP (1962 AC 220), that there existed a residual power to enforce... the 'moral welfare of the State'."

• Correct Answer: (b)

8. In the Justice K.S. Puttaswamy (Retd.) vs Union Of India case, the Supreme Court linked 'Constitutional Morality' primarily to:

(a) The principle of collective responsibility of the council of ministers.

(b) The requirement for the government to act under the rule of law.

(c) The separation of power between the state and the central government.

(d) The recognition of religious practices as a fundamental right.

Explanation:

• The text states: "In Justice K.S. Puttaswamy (Retd.) vs Union Of India, the Court... was of the opinion that the requirement of constitutional morality required that the government not to act in a manner that violated the rule of law."

• Correct Answer: (b)

9. Which of the following concepts is/are embraced by the ancient Indian concept of 'Dharma' as per the passage?

(a) Law only

(b) Morality only

(c) Both law and morality

(d) Neither law nor morality

Explanation:

• The passage clearly states: "In ancient times there was no particular distinction between law and morals. There was the concept of dharma which embraced concepts of law and morality."

• Correct Answer: (c)

10. The concept that a breach of a constitutional convention, while not enforceable in court, could lead to 'grave political consequences' was highlighted by the Supreme Court in:

(a) P. Rathinam vs Union of India

(b) S.P. Gupta case

(c) Manoj Narula vs Union of India

(d) State (NCT of Delhi) vs Union of India

Explanation:

• The text quotes Justice Venkataramiah from the S.P. Gupta case: "A convention is a rule of constitutional practice... its violation is considered to be a serious breach of constitutional morality leading to grave political consequences..."

• Correct Answer: (b)