Test: Rights in The Indian Constitution- 1 - UPSC MCQ

Machal Lalung was 23 when he was arrested and he was released in July 2005 at age of 77. He spent 54 years under custody during which his case never came up for hearing. He was freed when a team appointed by the National Human Rights Commission intervened after an inspection of undertrials in the State.

- Statement i is correct because Article 16(4) specifically allows the State to make provisions for the reservation of appointments for backward classes who are not adequately represented in State services.

- Statement ii is also correct as Article 21 protects an individual's life and personal liberty, stating that deprivation can only occur through a lawful procedure.

- Statement iii is incorrect because Article 16(4) pertains to backward classes, not exclusively to economically weaker sections.

- Statement iv is correct ; Article 21 has been interpreted to include the right to privacy.

Therefore, the correct statements are i and ii, making Option A the correct answer.

• The Assertion is true because the NHRC was indeed established to safeguard the rights of marginalized and deprived sections of society.
• The Reason is false because the NHRC does not have the power to prosecute individuals; it can only make recommendations to the government or courts.
• Therefore, the Reason does not explain the Assertion, making Option C the correct choice.

A constitution is the basic fundamental law of a State. It lays down the objectives of the State which it has to achieve. It provides for the constitutional framework that is,various structures and organs of the governments at different levels. In addition, it describes the rights and duties of the citizens. It is, therefore, considered to be the basis for the governance of the country.

- Statement i is incorrect because the Directive Principles are non-justiciable, meaning they cannot be enforced by the courts.

- Statement ii is correct as the Directive Principles do include additional rights beyond the Fundamental Rights, such as the right to work and the right to education.

- Statement iii is also correct; the framers designed these principles to be non-justiciable, relying on the government's moral obligation.

- Statement iv is incorrect as the Directive Principles address both economic and social issues, aiming for a comprehensive approach to governance.

Thus, the correct statements are ii and iii, making Option A the correct answer.

- Statement i is incorrect because a writ of habeas corpus can be issued regardless of whether there is a warrant. It is designed to protect against unlawful detention, irrespective of the presence of a warrant.

- Statement ii is correct. A writ of mandamus is indeed issued to compel a public official to carry out a duty they are required to perform by law.

- Statement iii is incorrect. A writ of prohibition is used to prevent a lower court from exceeding its jurisdiction, not to prevent a higher court from intervening.

- Statement iv is correct. A writ of quo warranto is utilized to challenge an individual's right to hold a public office, especially if they lack the necessary qualifications.

Thus, the correct statements are ii and iv, making the correct answer Option A.

- Assertion (A) is true: Fundamental Rights and Directive Principles serve different but complementary roles in governance, aiming to balance individual rights with societal needs.

- Reason (R) is also true: Fundamental Rights act as safeguards against government overreach, while Directive Principles guide the government in promoting social and economic justice.

- The Reason is the correct explanation of the Assertion because it clarifies how these two frameworks interact to benefit society as a whole. The coexistence of both ensures that individual rights are protected while also encouraging the government to take actions that promote the welfare of the community.

The Right to Life (A) ensures that no person can be deprived of their life or liberty without due process (2). The Right to Equality (B) guarantees equality of opportunity and non-discrimination (1). Habeas Corpus (C) is a writ issued to ensure a detained person is presented before the court (3). Directive Principles (D) are non-justiciable guidelines for government policy aiming at societal well-being (4).

The correct answer is:

b) If Assertion is true but Reason is false

Explanation:

• Assertion (A): The 42nd Amendment of the Constitution of India, enacted in 1976, did indeed introduce Fundamental Duties for citizens. So, this assertion is true.

• Reason (R): The Constitution does not enforce Fundamental Duties as prerequisites for enjoying Fundamental Rights. While Fundamental Duties are important, they are not legally enforceable, nor are they conditions for enjoying Fundamental Rights. Hence, this reason is false.

• Therefore, the Assertion is true, but the Reason is false.

Statement I is true because the South African Constitution prohibits discrimination based on race, gender, and other criteria. Statement II is false because the Directive Principles of State Policy in the Indian Constitution are not legally enforceable by the courts; they serve as guidelines for the government.