Indian Polity Test-2


50 Questions MCQ Test Legal Reasoning for CLAT | Indian Polity Test-2


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QUESTION: 1

Which article has abolished the child labour?

Solution:
QUESTION: 2

What is the minimum permissible age for employment in any factory or mine?

Solution:
QUESTION: 3

The prohibition of traffic in human beings and ‘beggar’ comes under

Solution:
QUESTION: 4

Protection and interests of the minorities is envisaged in which article of the constitution?

Solution:
QUESTION: 5

Under which article of the constitution are the cultural and educational rights granted?

Solution:
QUESTION: 6

Right to fly the national flag comes under the

Solution:
QUESTION: 7

Which are the reasonable restrictions on freedom of speech and expression under Art.19(2)

Solution:
QUESTION: 8

The no. of categories of freedom that an Indian citizen shall have is……………under Art. 19 which forms the core of the chapter on fundamental rights?

Solution:
QUESTION: 9

The preamble to our constitution includes all the following except

Solution:
QUESTION: 10

The constitution of India

Solution:
QUESTION: 11

The preamble of our constitution includes all except

Solution:
QUESTION: 12

Can a person waive his fundamental right?

Solution: The fundamental rights are mandatory on the state and no citizen can by his act or conduct relieve the state of the solemn obligation imposed on it. Behram's case , that an individual could waive a fundamental right which is for his own benefits but he cannot waive a fundamental right which is for a public benefit.
QUESTION: 13

Assertion (A): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

Solution:
QUESTION: 14

(For questions 14-18)

Rules

A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Facts

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

Q. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:

Solution:

The correct option is D.

 According to his rule, The fundamental right to freedom of association also includes the freedom to decide with whom to associate.

QUESTION: 15

Rules

A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Facts

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

Q. If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then:

Solution:

The law of parliament would violate an individual’s freedom not to join any association and therefore be unconstitutional. As the parliament has certain restriction to not curtail anyone right so the law turns unconstitutional.

QUESTION: 16

Rules

A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Facts

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

Q. If Parliament enacts is law that requires a trade union to open its membership to all the employees, then

Solution:
QUESTION: 17

Rules

A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Facts

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

Q.  If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then:

Solution:
QUESTION: 18

Rules

A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Facts

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

Q. If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then:

Solution:
QUESTION: 19

Which of the following includes right to life mentioned under Art? 21 of the constitution?

Solution:
QUESTION: 20

In which case it was held by Supreme court that right to die did not include under right to life mentioned under Art. 21?

Solution:
QUESTION: 21

Right to privacy is included under

Solution:
QUESTION: 22

Right to travel abroad has been held to be included within the expression “…………………….” Within the meaning of Art. 21

Solution: Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
QUESTION: 23

Under Art. 21 A, the state shall provide free and compulsory education to all children of the age of …………………… in such manner as the state may by law determine

Solution:
QUESTION: 24

Whether a non citizen of India can claim the protection under Art. 22?

Solution:

YES. They also have the right to protection against arrest in certain cases under Article 22 of the Constitution. They are protected from trafficking and forced labour. (Article 23) Foreign nationals under the age of 14 cannot be employed in hazardous industries.

QUESTION: 25

Right to be produced before the nearest magistrate within ……………

Solution:
QUESTION: 26

Freedom of religion of religious denominations is mentioned under

Solution: Religious denominations means a small group that functions under a common name, or identity.Article 26 guarantees right to establish and administer religious institutions (but they shouldn't be commercial institutions) So basically it simply means that any religious denomination can administer their institutions to promote their religion.but it's different from that of Article 30 which provides right to minorities to establish minority institutions.
QUESTION: 27

Art. 30(1) guarantees to every…………………………………the right to establish and administer educational institutions of their choice.

Solution:
QUESTION: 28

Person who brings an action on behalf of a minor is known as

Solution: A Next Friend is a person who represents another person who is otherwise unable to maintain a suit on his or her own behalf and who does not have a legal guardian.
QUESTION: 29

Something said by the while giving judgment that was not essential to the decision of the case or observation made by the judge, but it is not binding on the future cases is known as

Solution:
QUESTION: 30

Giving false written document in the form of evidence to the court in a case is known as

Solution:
QUESTION: 31

Which Articles in the Constitution provide regulations for the subordinate courts?

Solution:

The correct option is A.
The Articles 233 to 237 in the Constitution describe the provisions to regulate the organization of Subordinate Courts and to ensure their independence from the Executive.

QUESTION: 32

In India, a tax on agricultural incomes can be levied by

Solution:
QUESTION: 33

Under which of the following fundamental rights, Sikhs are permitted to carry kirpan in India?

Solution:
Freedom of religion and Secularism in Indian Constitution
Though the Right to freedom of speech and expression (Article 19) envisages the philosophy of freedom of religion in India because despite of the creation of Pakistan, a lot of Muslims were scattered all over India, part from Sikhs, Parsees, Christians and others. Yet the constituent assembly made it explicit by incorporating a separate group of Articles as per a agreement with / recommendation of Advisory Committee on Fundamental Rights, Minorities, Tribal and Excluded Areas (Chairman: Vallabhbhai Patel) and Minorities Sub-Committee (Chairman: H.C. Mookherjee). Before the Constitution 42nd amendment Bill added the word “secular” in the constitution of India, the word “secular” appeared only in “Article 25”. India is a secular country and there is no state religion. India also does not patronizes any religion. The Constitution 42nd amendment Act made the above thought “explicit” in the constitution.
QUESTION: 34

Which one of the following writ protects personal freedom?

Solution:
QUESTION: 35

Which one of the following fundamental rights was described by Dr. B.R. Ambedkar as “the heart and soul of the constitution”

Solution:
QUESTION: 36

Any dispute regarding the violation of fundamental rights can be presented

Solution:
QUESTION: 37

The writ of prohibition is issued by the supreme court or high court against

Solution:

B is the correct option. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc.

QUESTION: 38

Which one of the following fundamental rights is restrained by the preventive detention act?

Solution:
QUESTION: 39

Which of the following writs literally means “you may have the body”

Solution:
QUESTION: 40

The writ of certiorari is issued by a superior court

Solution:
QUESTION: 41

The writ of mandamus is issued by a superior court

Solution: A writ of mandamus is an uncommon but important part of the American legal system. If a judge grants a writ of mandamus, he or she is issuing a direct order from the bench to the lower court or government official, demanding they comply with the law in the disputed issue.
QUESTION: 42

In the case of protection of bonded contract and child labour, which type of remedy we availed?

Solution:
QUESTION: 43

Judicial activism gained contribution in

Solution:

The correct option is B.

Arthur Schlesinger Jr. introduced the term

"judicial activism" in a January 1947 Fortune

magazine article titled "The Supreme Court:

1947.

It is in this context that judicial activism has flourished in India and has acquired enormous legitimacy 

1. The First Phase: 1980s

The PIL cases were generally filed by public spirited persons

(lawyers, Journalists, social activists or academicians).

Most of the cases are related to the rights of

disadvantaged sections of the society such as child

labourers, prisoners, mentally challenged .

2. The Second Phase: 1990s

The PIL cases became more institutionalised in that several

NGOs and Lawyers started bringing matters of public

interest to the courts. The breadth of issues expanded.

3. The third Phase: 21st Century

Anyone could file a PIL for almost anything.

QUESTION: 44

Rule of res judicata is not applicable or exception to the rule of res judicata in the writ of

Solution:
Where the writ of habeas corpus has been refused by the High Court, The petitioner can file an independent petition for the same writ under Article 32 of the Constitution. Not only once or twice, but repeatedly.
The rule of constructive Res Judicata does not apply because there may be certain exceptions to the rule that :
1 The person was not aware of correct facts while filing the first petition, or
2 Events have arisen subsequent to filing of the first petition.
The court must bear in mind that the doctrine of res judicata is confined generally to civil actions but inapplicable to criminal actions and fundamentally lawless order.
QUESTION: 45

Rights related to the Members of armed forces are mentioned in

Solution:

The correct option is B.
By article 33 of the Constitution, Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
 

QUESTION: 46

Which are the principles for the exercise of writ jurisdiction?

Solution:
QUESTION: 47

For the issuance of Habeas corpus writ, the detention is found to be

Solution:
QUESTION: 48

The writ of quo warranto can be claimed by any member of the public, whether any right of such person has been infringed or not. This statement is……………

Solution:

Quo warranto is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies. Quo warranto is used to test a person's legal right to hold an office, not to evaluate the person's performance in the office.

QUESTION: 49

If the holder of the office was initially not qualified to hold it, but subsequently gets qualified for the office. In this scenario writ of quo warranto would lie or not.

Solution:
QUESTION: 50

Under the writ of Mandamus, the Court can

Solution:

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