TEST 04: INDIAN POLITY AND CONSTITUTION

Syllabus: Fundamental rights

1.Consider the following statements.

1. A right is a legal claim that a citizen or any other individual is granted by the constitution or any statute.

2. Rights are the essence of democracy as they empower the individuals & enable to develop.

3. Rights are associated with equality in contemporary times & estabish a level playing field among the people.

4. Right to education became fundamental right by the insertion of Art 21A by the constitution 86th Amendment Act 2002.

Which of the above statement are incorrect.

A. 1 & 2 only

B. 1 & 3 only

C. 2 & 3 only

D. None of the above

2. Consider the following statements.

1. Natural rights are universal rights which are inherent in every individual being a part of human nature.

2. Civil rights are the rights that a citizen of a country enjoy & are conferred by the constitution or the law of the country.

3. Article 15, 16, 19, 20 & 29 in the Chapter on Fundamental Rights in the Indian constitution (Part III) are available to Indian citizen only.

4. Human Rights are contained in United Nations universal declaration of Human Rights 1948.

Which of the above statement is / are correct.

A. 1 & 4 only

B. 1 & 3 only

C. 1, 3 & 4 only

D. All of the above

3. Which of the following statements is incorrect?

A. The concept of Fundamental Rights are borrowed from American Constitution where they are found in the Bill of Rights.

B. If Fundamental Rights are violated the aggrieved individual can approach the Supreme Court of India directly.

C. Supreme Court of India can issue the Writs in defence of Fundamental rights as well as for other rights outside Part III of the constitution.

D. Fundamental Rights include individual & group rights are common to most liberal democracies.

4. Consider the following statements.

1. In 1928, a series of All Party Conferen-ces headed by Motilal Nehru drafted a constitutional scheme, called the Nehru Report.

2. In 1931, the Indian National Conference in its Karachi Session committed it which included social & economic rights in favour of the lower castes & for a living wage for the workers.

Which of the above statement is / are incorrect.

A. 1 only

B. 2 only

C. Both 1 & 2

D. Neither 1 nor 2

5. Which of the following is true regarding fundamental rights?

1. They are utilitarian in nature.

2. They contribute to national and social development.

3. They are a protection against the government actions.

Select the correct answer using following codes.

A. Only 1

B. 1 and 3 only

C. Only 3

D. 1, 2 and 3.

6. Which of the following is true about constitutional rights?

1. All constitutional rights are fundamental rights.

2. Some constitutional rights do not enjoy special status.

Select the correct answer using following codes

A.Only 1

B.Only2

C.Both 1 and 2

D.Neither 1 nor 2

7. Which of the following rights is available to any person on soil of India?

A. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

B.Equality of opportunity in matters of public employment.

C. Cultural and educational rights of minorities

D. Protection against arrest and detention in certain cases.

8. Which of the following is not true regarding fundamental rights?

A.Fundamental rights are borrowed from American constitution by constituent assembly of India.

B.They are essential for political progress.

C.Right to life is individual rights.

D.Right to constitutional remedies is group rights

9. Consider the following statements

1. Fundamental rights are absolute.

2. Articles 15 and 16 have been amended by parliament in pursuit of social justice.

Select the correct answer using following codes

A. Only 1

B. Only 2

C. Neither 1 nor 2

D. Both 1 and 2

10. With reference to rule of law which of the following is true?

1. Absence of arbitrary power on the part of the government.

2. No one is above law.

3. Constitution is not source but the consequence of rights of individual.

Select the correct answer from the following codes

A. Only 1

B. Only 1 and 2

C. Only 2 and 3

D. 1,2 and 3

11. Special provisions for women are made in which of the following?

1. Fundamental duties

2. Fundamental rights

3. DPSP

4. 11th  and 12th schedule

Select the correct statements from the following codes

A. Only 2 and 4

B. Only 1 and 2

C. Only 1 and 3

D. 1,2, 3 and 4

12. Which of the following is reason behind inclusion of fundamental rights in constitution?

1. To establish government of law

2. To impose negative obligations on state

3. To guarantee basic economic rights to individual

Select the correct statements from the following codes

A. Only 2

B. Only 1 and 2

C. Only 2 and 3

D. 1,2, and 3

13. Fundamental rights are essential to individual for the attainment of which of the following?

1. Intellectual status

2. Moral status

3. Spiritual status

Select the correct statements from the following codes

A. Only 1

B. Only 1 and 2

C. 1,2 and 3

D. None

14. With reference to classification of fundamental rights, which of the following is true?

1. Right to exploitation

2. Right against equality

3. Cultural and economic rights

Select the correct statements from the following codes

A. Only 1

B. Only 1 and 2

C. 1,2 and 3

D. None

15. The writ habeas corpus can be issued in which of the following cases?

1. When right to equality of a person is deprived

2. When procedure established by law is contravened

3. Release of person imprisoned for criminal charge

Select the correct statements from the following codes

A.Only 2

B.Only 1 and 2

C. 1,2 and 3

D.None

16. Consider the following statements

1. Writ of Habeas Corpus is very powerful safeguard against executive only.

2. Writ of Habeas Corpus is nature of calling concerned authority to produce the imprisoned before the executive.

Select the correct statements from the following codes

A.Only 1

B.Only 2

C.Both 1 and 2

D. Neither 1 nor 2

17. The writ mandamus is available against which of the following

1. Government

2. Inferior courts

3. Administrative tribunals

4. Person incharge of public duty

Select the correct statements from the following codes

A.Only 4

B.Only 2 and 4

C.Only  1, 3 and 4

D.1,2,3 and 4

18. Which of the following about writ of prohibition is true?

1. It forbids inferior courts to continue proceedings in excess of its jurisdiction.

2. It commands inactivity.

3. It is can be issued against administrative, judicial, and quasi judicial authorities.

Select the correct statements from the following codes

A.Only 1 and 3

B.Only 2 and 3

C.Only 1 and 2

D.1,2 and 3

19. Consider the following statements

1. Supreme Court can issue writ where fundamental right is affected by any reason.

2. Prohibition can be issued even when tribunal assumes jurisdiction under a law which contravenes fundamental right.

Select the correct statements from the following codes

A.Only 1

B.Only 2

C.Both 1 and 2

D.Neither 1 nor 2

20. Which of the following are commonality between certiorari and prohibition?

1. Both are issued against courts or tribunals exercising judicial or quasi-judicial powers

2. Both are issued to quash the order or decision of the tribunal

3. Both can be issued after the order is made

Select the correct statements from the following codes

A.Only 1

B.Only 2 and 3

C.Only 1 and 2

D.Only 1 and 3

21. Certiorari can be issued under which of the following conditions?

1. Certiorari can be issued against administrative decision.

2. Contravention of the rules of natural justice.

3. When decisions has been obtained by fraud, collusion and corruption.

Select the correct statements from the following codes

A.Only 3

B.Only 2 and 3

C.Only  1 and 2

D.1,2 and 3

22. Consider the following statements.

1. The term untouchability has neither been defined in the Constitution nor in the Protection of Civil Rights Act, 1955

2. Rights under Article 17 are available against private individuals

3. Constitution does not provide any exceptions to Article 16

Which of the statements given above is/are incorrect?

A. 1 and 3 only

B. 3 only

C. 2 and 3 only

D. 1, 2 and 3

23. Consider the following statements:

1. Article 25 guarantees rights of individual but not the rights of religious denominations

2. Article 27 prohibits levy of a fee to control secular administration of any particular religion.

3. Under Article 28, religious instruction is completely prohibited in the institutions recognized by the state.

Which of the statements given above is/are correct?

A. 1 only

B. 1 and 2 only

C. 2 and 3 only

D. None of the above

24. With reference to Article 22 (Protection Against Arrest and Detention), consider the following statements:

1. It provides for detention of a person without trial and conviction in a court

2. Under preventive detention, the detention of a person cannot exceed three months under any circumstance

3. Punitive detention under Article 22 covers both civil as well as criminal arrests.

Which of the statements given above is/are correct?

A. 1 and 2 only

B. 1 and 3 only

C. 1, 2 and 3

D. 1 only

25. Unaided minority institutions have been excluded from the ambit of RTE Act due to which of the following fundamental rights guaranteed by the Indian Constitution

A. Article 16

B. Article 19(1) (c)

C. Article 29

D. Article 30(1)

ANSWERS

1. D

2. D

3. C

4. D

5. C

• Fundamental rights are egalitarian in nature. Fundamental duties contribute to national and social development.

6. B

• Constitutional rights include statutory rights and fundamental rights. Rights outside part III of the Indian constitution are statutory rights.

7. D

8. B

• They are essential for human development, democracy and social progress.

9. B

• There are limitations imposed on the enjoyment of fundamental rights. Fundamental rights are conditional and subject to reasonable restrictions.  Article 15 and 16 ensures equality of opportunity in public employment and prevents discrimination which in turn ensures social justice.

10. D

11. D

12. B

• To establish government of law and not of man. To guarantee basic human rights to individual

13. C

14. D

• Fundamental rights are classified into right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

15. A

• The writ Habeas corpus can be filed When right to life and personal liberty of person is deprived, When procedure established by law is contravened, law which authorises imprisonment is invalid or un constitutional, when the arrest is without any authority of law.

16.D

• Writ of Habeas Corpus is very powerful safeguard against executive and individual. Writ of Habeas Corpus is nature of calling concerned authority to produce the imprisoned before the court and not executive.

17. D

18. C

19. B

• Supreme Court can issue writ where fundamental right is affected by reason of the jurisdictional defect in the proceedings. In India, a writ of prohibition may be issued not only in cases of absence or excess of jurisdiction but also in cases where the court or tribunal assumes jurisdiction under a law which contravenes fundamental right.

20. A

• Certiorari is issued to quash the order or decision of the tribunal while prohibition is issued to prohibit the tribunal from making the ultra vires order or decision. Prohibition is available during the pendency of the proceedings and before the order is made, certiorari can be issued only after the order has been made. The object of the both is to secure that the jurisdiction of inferior court or tribunal is properly exercised and that it does not usurp the jurisdiction which it does not possess.

21.D

• Supreme Court early took the view that certiorari cannot be issued against purely administrative decisions. Later supreme court viewed that court may quash the so-called administrative decision. Where there has been failure of justice either because its decision has been obtained by fraud, collusion or corruption.

22. B

23. A

24. D

25. D