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Question 1 of 10
1. Question
2 points
Equality before law and equal protection of laws under Article 14 implies that
1.A law is for everyone whoever it might be.
2.A law will apply equally to equally situated people.
Select the correct answer code:
Correct
Solution: c)
Article 14 has two parts: equality before law and equal protection of laws.
The first concept basically means law is for everyone whoever it might be.
The second concept means law will apply equally to equally situated people. For e.g. if an adult receives a punishment of 3 years imprisonment, another adult for the same crime and same circumstances should also get 3 years of imprisonment.
Incorrect
Solution: c)
Article 14 has two parts: equality before law and equal protection of laws.
The first concept basically means law is for everyone whoever it might be.
The second concept means law will apply equally to equally situated people. For e.g. if an adult receives a punishment of 3 years imprisonment, another adult for the same crime and same circumstances should also get 3 years of imprisonment.
Question 2 of 10
2. Question
2 points
Consider the following statements
1.The state is empowered to make any special provision for the advancement of any socially and educationally backward classes
2.The term ‘untouchability’ has been defined in the Constitution under Article 17.
Which of the above statements is/are correct?
Correct
Solution: a)
The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.
Incorrect
Solution: a)
The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.
Question 3 of 10
3. Question
2 points
The fundamental right of “Freedom of speech and expression” has been interpreted by the law courts to include which of the following rights?
1.Right to know about government activities.
2.Freedom of silence.
3.Right to strike
4.Right against imposition of pre-censorship on a newspaper.
Select the correct answer code:
Correct
Solution: b)
The freedom of speech and expression, in this context, includes:
Right to propagate one’s views as well as views of others.
Freedom of the press.
Freedom of commercial advertisements.
Right against tapping of telephonic conversation.
Right to telecast, that is, government has no monopoly on electronic media.
Right against bundh called by a political party or organisation.
Right to know about government activities.
Freedom of silence.
Right against imposition of pre-censorship on a newspaper.
Right to demonstration or picketing but not right to strike.
Incorrect
Solution: b)
The freedom of speech and expression, in this context, includes:
Right to propagate one’s views as well as views of others.
Freedom of the press.
Freedom of commercial advertisements.
Right against tapping of telephonic conversation.
Right to telecast, that is, government has no monopoly on electronic media.
Right against bundh called by a political party or organisation.
Right to know about government activities.
Freedom of silence.
Right against imposition of pre-censorship on a newspaper.
Right to demonstration or picketing but not right to strike.
Question 4 of 10
4. Question
2 points
Consider the following statements.
1.Right to freedom of movement entitles every citizen to move freely throughout the territory of the country without any restrictions.
2.All citizens are given the right to practise any profession or to carry on any occupation, trade or business
Which of the above statements is/are correct?
Correct
Solution: b)
Right to freedom of movement entitles every citizen to move freely throughout the territory of the country. The grounds of imposing reasonable restrictions on this freedom are two, namely, the interests of general public and the protection of interests of any scheduled tribe. The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
All citizens are given the right to practise any profession or to carry on any occupation, trade or business. This right is very wide as it covers all the means of earning one’s livelihood.
Incorrect
Solution: b)
Right to freedom of movement entitles every citizen to move freely throughout the territory of the country. The grounds of imposing reasonable restrictions on this freedom are two, namely, the interests of general public and the protection of interests of any scheduled tribe. The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
All citizens are given the right to practise any profession or to carry on any occupation, trade or business. This right is very wide as it covers all the means of earning one’s livelihood.
Question 5 of 10
5. Question
2 points
Article 22 confers which of the following rights for a person who is arrested or detained?
1.Right to be informed of the grounds of arrest.
2.Right to consult and be defended by a legal practitioner.
3.Right to be released after 24 hours unless the magistrate authorises further detention.
Select the correct answer code:
Correct
Solution: d)
The Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law.
(a) The first part of Article 22 confers the following rights on a person who is arrested or detained under an ordinary law:
(i) Right to be informed of the grounds of arrest.
(ii) Right to consult and be defended by a legal practitioner.
(iii) Right to be produced before a magistrate within 24 hours, excluding the journey time.
(iv) Right to be released after 24 hours unless the magistrate authorises further detention.
These safeguards are not available to an alien or a person arrested or detained under a preventive detention law.
Incorrect
Solution: d)
The Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law.
(a) The first part of Article 22 confers the following rights on a person who is arrested or detained under an ordinary law:
(i) Right to be informed of the grounds of arrest.
(ii) Right to consult and be defended by a legal practitioner.
(iii) Right to be produced before a magistrate within 24 hours, excluding the journey time.
(iv) Right to be released after 24 hours unless the magistrate authorises further detention.
These safeguards are not available to an alien or a person arrested or detained under a preventive detention law.
Question 6 of 10
6. Question
2 points
Consider the following statements regarding Fundamental Rights.
1.They promote the idea of social and economic democracy.
2.They are sacrosanct and permanent.
3.Most of them are directly enforceable while a few are enforced by a law made by the parliament and state legislatures.
Which of the above statements is/are incorrect?
Correct
Solution: d)
Fundamental Rights are not absolute and subject to reasonable restrictions. Further, they are not sacrosanct and can be curtailed or repealed by the Parliament through a constitutional amendment act.
They promote the idea of political democracy. DPSP promote the idea of social and economic democracy.
Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained (Article 35).
Incorrect
Solution: d)
Fundamental Rights are not absolute and subject to reasonable restrictions. Further, they are not sacrosanct and can be curtailed or repealed by the Parliament through a constitutional amendment act.
They promote the idea of political democracy. DPSP promote the idea of social and economic democracy.
Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained (Article 35).
Question 7 of 10
7. Question
2 points
Consider the following statements
1.Fundamental rights are negative as they prohibit the state from doing certain things whereas directive principles are positive as they require the State to do certain things
2.Fundamental rights do not require any legislation for their implementation whereas directive principles require legislation for their implementation.
Which of the above statements is/are incorrect?
Correct
Solution: d)
Both the statements are correct.
Incorrect
Solution: d)
Both the statements are correct.
Question 8 of 10
8. Question
2 points
Consider the following statements regarding Fundamental Rights.
1.Fundamental Rights acts as limitations on the tyranny of the executive and arbitrary laws of the legislature.
2.The aggrieved person can directly go to the Supreme Court for the restoration of his rights.
Which of the above statements is/are correct?
Correct
Solution: c)
The Fundamental Rights operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They are justiciable in nature, that is, they are enforceable by the courts for their violation. The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto for the restoration of his rights.
Incorrect
Solution: c)
The Fundamental Rights operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They are justiciable in nature, that is, they are enforceable by the courts for their violation. The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto for the restoration of his rights.
Question 9 of 10
9. Question
2 points
With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements:
1.The Supreme Court has ruled that Article 32 is a basic feature of the constitution.
2.Fundamental rights and other statutory rights can be enforced under Article 32.
3.The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights.
4.Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.
Which of the above statements is/are correct?
Correct
Solution: a)
Statement 1 – The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.
Statement 2 – Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, customary rights and so on.
Statement 3 – In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive. It is concurrent with the jurisdiction of the high court under Article 226.
Statement 4 – Article 32 cannot be invoked simply to determine the constitutionality of an executive order or a legislation unless it directly infringes any of the fundamental rights.
Incorrect
Solution: a)
Statement 1 – The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.
Statement 2 – Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, customary rights and so on.
Statement 3 – In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive. It is concurrent with the jurisdiction of the high court under Article 226.
Statement 4 – Article 32 cannot be invoked simply to determine the constitutionality of an executive order or a legislation unless it directly infringes any of the fundamental rights.
Question 10 of 10
10. Question
2 points
Consider the following statement regarding Fundamental Rights.
1.Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.
2.Fundamental Rights are named so because they are guaranteed and protected by the Parliament, the supreme law-making body in India.
Which of the above statements is/are correct?
Correct
Solution: a)
Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.
The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.
Incorrect
Solution: a)
Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.
The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.
