Laxmikanth Test : Fundamental Rights


20 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test : Fundamental Rights


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QUESTION: 1

Which of the following statements are correctly matched regarding fundamental rights given in Article 25?

1. Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires

2. Right to profess: Declaration of beliefs and faith openly and freely

3. Right to practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas

Solution:

Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires. Right to profess Declaration of beliefs and faith openly and freely. Right to practice Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.

QUESTION: 2

Which of the following statements are correct regarding article 27?

1. It prohibits the best state from favouring one religion over the another

2. The taxes can't be used for the promotion or maintenance of all religions

Which of these statements is/are correct?

Solution:

Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.

In other words, the State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion. This provision prohibits the State from favouring, patronising and supporting one religion over the other. This means that the taxes can be used for the promotion or maintenance of all religions.
This is because the purpose of a fee is to control secular administration of religious institutions and not to promote or maintain religion. Thus, a fee can be levied on pilgrims to provide them some special service or safety measures. Similarly, a fee can be levied on religious endowments for meeting the regulation expenditure.

QUESTION: 3

Consider the following statements.

1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction

2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction

Which of these statements is/are correct?

Solution: A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction. Article 32 does not merely confer power on the Supreme Court as Article 226 does on a high court to issue writs for the enforcement of fundamental rights or other rights as part of its general jurisdiction.

The Supreme Court is thus constituted as a defender and guarantor of the fundamental rights.

QUESTION: 4

The writ of prohibition is not available against:

1. Quasi-judicial authority

2. Administrative authority

3. Legislative body

Choose from the following options.

Solution:

The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals or bodies.

 

 

QUESTION: 5

The writ of mandamus cannot be issued:

1. Against a private individual or body
2. To enforce departmental instruction that does not possess statutory force
3. When the duty is mandatory

Choose from the following options.

Solution:

The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in a judicial capacity.

QUESTION: 6

Consider the following statements about Quo Warranto.

1. The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.

2. It cannot be issued in cases of ministerial office or private office.

Which of these statements is/are correct?

Solution: The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.

QUESTION: 7

Consider the following statements.

1. The concept of martial law has been borrowed in India from the English common law

2. The expression ‘martial law' means the military rule and it has been defined in the Constitution

Which of these statements is/are correct?

Solution: The concept of martial law has been borrowed in India from the English common law. However, the expression ‘martial law' has not been defined anywhere in the Constitution. It means “military rule'. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law. It thus implies the suspension of ordinary law and the government by military tribunals. It is different from military law that applies to the armed forces.

QUESTION: 8

The power to make laws and to give effect to certain specified fundamental rights is vested on:

Solution: Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures. This provision ensures that there is uniformity throughout India about the nature of those fundamental rights and punishment for their infringement.

QUESTION: 9

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

Solution: The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”. SC Judgement on Hadiya Case.

QUESTION: 10

Which one among the following is not a Fundamental Right under the Constitution of India?

Solution: According to Indian constitution there are six fundamental rights of Indian citizens which are right to equality, right to freedom of religion, cultural and educational rights, right to freedom, right to constitutional remedies, and right against exploitation. Right to citizenship is not a fundamental right.

QUESTION: 11

Which of the following would be construed as a reasonable restriction of the 'right to freedom'?

Solution: Art. 19 of the constitution now provides six freedoms, namely: * the right to freedom of speech and expression, * right to assemble peaceably and without arms * right to form associations or unions * right to move freely throughout the territory of India * right to reside and settle in any part of the territory of India * right to practice any profession or to carry on any occupation trade or business. Restrictions: * defamation * contempt of court * decency or morality security of the state * friendly relations with other states * incitement of offence and sovereignty * the integrity of India.

QUESTION: 12

In which of the following cases did the Supreme Court ruled that Constitutional Amendments were also laws under Article 13 of the Constitution of India, which could be declared void for being inconsistent with Fundamental Rights?

Solution:

Golaknath case (1967): (Validity of the First and Seventeenth Amendments and described the scope of Article 13)

The validity of the First and Seventeenth Amendments to the Constitution in so far as they affect the fundamental rights was again challenged is this case. The fourth amendment was also challenged.

The Supreme Court adopted a doctrine of prospective overruling under which the three constitutional amendments concerned would continue to be valid. Moreover, the Supreme Court held that article 368 dealt only with the procedure for amendment and an amendment to the Constitution is made as part of the normal legislative process. It is, therefore, a "law" for the purpose of article 13 (2).

To get over the decision of the Supreme Court in Golaknath’s case the Constitution 24th Amendment Act was passed in 1971 in which changes to articles 13 and 368 was made.

QUESTION: 13

Consider the following statements.

1. The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-à-vis the majority

2. There is no reverse discrimination in favour of minorities

Which of these statements is/are correct?

Solution: The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-à-vis the majority. There is no reverse discrimination in favour of minorities.

QUESTION: 14

Consider the following statements.

1. Fundamental rights are not permanent

2. They can be curtailed and repealed by the parliament by an ordinary act

Which of these statements is/are correct?

Solution:

They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the basic structure of the Constitution.

 

 

QUESTION: 15

The rule of equality before the law doesn't apply on:

Solution:

Article 14 says that the State shall not deny to any person equality before the law or the equal. protection of the laws within the territory of India. However, there are a few exceptions:

  • The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office,

  • Members of the Legislature of a state are not liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof.

This law is applicable to all citizens and foreigners.

QUESTION: 16

Consider the following statements regarding Article 19 of the constitution:

1. Article 19 guarantees to all citizens the six rights

2. Right to property is part of Article 19

3. Right to property was deleted by the 42nd Amendment Act of 1976

Choose the correct option:

Solution:

Right to property was deleted by the 44th Amendment Act 1978.

 

 

 

 

QUESTION: 17

Consider the following statements.

1. American Constitution provides for 'due process of law

2. 'procedure established by law' is contained in the Indian Constitution

Which of these statements are not correct?

Solution:

1. The  scope  of  judicial  review  in  India  is narrower  than  what  exists  in  the  USA,  though  the  American  Constitution does  not  explicitly  mention  the  concept  of  judicial  review  in  any  of  its provisions.  This  is  because,  the  American  Constitution  provides  for  ‘due process  of  law’  against  that  of  ‘procedure  established  by  law’  which  is contained in the Indian Constitution.

2. The words “due process of law” were replaced with the words “procedure established by law”. Thus, Article 21 of the Indian Constitution now reads: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

QUESTION: 18

Who was appointed as the Chairman of six-member Administrative Reforms Commission (ARC) in 1966? 

Solution:

A six-member Administrative Reforms Commission (ARC) in 1966 under the chairmanship of Morarji Desai (followed by K Hanumanthayya) was appointed by Central Government. It was to the examine the various issues in Centre-state relations.

QUESTION: 19

According to article 12 which of the following can be termed as 'State'?

1. Statutory bodies

2. Non-statutory bodies

3. Improvement trusts

4. District boards

Choose from the following options.

Solution:

States include:

(a) Government and Parliament of India, that is executive and legislative organs of the Union government.

(b) Government and legislature of states, that is, executive and legislative organs of state government.

(c) All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc.

(d) All other authorities, that is, statutory or nonstatutory authorities like LIC, ONGC, SAIL, etc.

Thus, the State has been defined in a wider sense to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights. According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of State Article 12.

 

 

QUESTION: 20

Which of the following elements apply to the Indian Constitution?

1. Absence of arbitrary power

2. Equality before law

3. Constitution is the result of the rights of the individual as defined and enforced by the courts of law

4. Constitution is the source of the individual rights

Choose from the following options.

Solution:

The concept of "Rule of Law propounded by A.V. Dicey, the British jurist. His concept has the following three elements or aspects: (i) Absence of arbitrary power, that is, no man can be punished except for a breach of law. (ii) Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts. (iii) The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights. The first and second elements apply to the Indian System and not the third one. In the Indian System, the constitution is the source of individual rights. The Supreme Court held that the 'Rule of Law' as embodied in Article 14 is a 'basic feature of the constitution. Hence, it cannot be destroyed even by an amendment.

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