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Laxmikanth Test : Fundamental Rights- 1 - 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

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 1

The correct answer is option D: All of them.

All three statements correctly describe different aspects of the fundamental rights given in Article 25 of the Indian Constitution.

Statement 1: Freedom of conscience refers to the inner freedom of an individual to mold their relationship with God or creatures in any way they desire. It emphasizes the personal and individual nature of religious beliefs and the freedom to hold and change those beliefs.

Statement 2: The right to profess refers to the freedom to openly and freely declare one's beliefs and faith. It entails the right to express one's religious beliefs and communicate them to others without fear of persecution or discrimination.

Statement 3: The right to practice encompasses the freedom to engage in religious worship, rituals, ceremonies, and the exhibition of beliefs and ideas. It includes the right to perform religious rituals, observe religious customs and practices, and express one's religious beliefs through actions and conduct.

Therefore, all three statements accurately describe different aspects of the fundamental rights guaranteed under Article 25 of the Indian Constitution.

Laxmikanth Test : Fundamental Rights- 1 - Question 2

Which of the following statements are correct regarding article 27?

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

2. The taxes can't be used for the promotion or maintenance of any one religion.

Which of these statements is/are correct?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 2

Both of the given statements are correct regarding Article 27 of the Indian Constitution.

Article 27 of the Constitution of India states that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Thus, the second statement is correct. Additionally, Article 27 also prohibits the State from favoring any particular religion or religious denomination by law or by financial aid, making the first statement also correct.

Laxmikanth Test : Fundamental Rights- 1 - 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?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 3

The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly. However, the writ jurisdiction of the high court is wider than that of the Supreme Court. This is because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.   

Laxmikanth Test : Fundamental Rights- 1 - 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.

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 4

The Correct Answer is option B: 2 and 3 Only.

  • The writ of prohibition is not available against administrative authorities and legislative bodies.
  • It is primarily used to control or restrain judicial or quasi-judicial authorities from exceeding their jurisdiction or acting in excess of their authority. Administrative authorities perform executive functions, and legislative bodies exercise legislative functions, which are outside the scope of the writ of prohibition.
  • Therefore, the correct answer is option B: 2 and 3 Only. The writ of prohibition is not available against administrative authorities and legislative bodies. Thank you for pointing out the mistake.
Laxmikanth Test : Fundamental Rights- 1 - 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.

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 5

The correct answer is option A: 1 and 2 Only.

The writ of mandamus cannot be issued against a private individual or body, and it cannot be used to enforce departmental instructions that do not possess statutory force.

1. Against a private individual or body: The writ of mandamus is primarily used to compel public officials or bodies to perform their public or statutory duties. It is not applicable to private individuals or bodies as they do not have a statutory duty to perform.

2. To enforce departmental instruction that does not possess statutory force: The writ of mandamus can only be used to enforce a legal duty that is backed by a statute or a legal provision. It cannot be employed to enforce mere departmental instructions that do not have the force of law.

However, statement 3 is incorrect. The writ of mandamus can be issued when the duty in question is mandatory and the petitioner has a legal right to enforce that duty.

Therefore, the correct answer is option A: 1 and 2 Only. The writ of mandamus cannot be issued against a private individual or body, and it cannot be used to enforce departmental instructions that do not possess statutory force.

Laxmikanth Test : Fundamental Rights- 1 - 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?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 6

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.

Laxmikanth Test : Fundamental Rights- 1 - 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?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 7
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.

Laxmikanth Test : Fundamental Rights- 1 - Question 8

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

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 8
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.

Laxmikanth Test : Fundamental Rights- 1 - Question 9

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

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 9
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.

Laxmikanth Test : Fundamental Rights- 1 - Question 10

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

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 10
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.

Laxmikanth Test : Fundamental Rights- 1 - Question 11

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

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 11
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.

Laxmikanth Test : Fundamental Rights- 1 - 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?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 12

Explanation: The Kesavananda Bharti case (1973) marked a significant event in the Indian constitutional history, as the Supreme Court ruled that Constitutional Amendments were also laws under Article 13 of the Constitution of India. The Court held that these amendments could be declared void if they were inconsistent with or violated the Fundamental Rights. This judgment established the doctrine of the "Basic Structure" of the Constitution, which means that Parliament cannot alter the basic features of the Constitution through amendments.

Laxmikanth Test : Fundamental Rights- 1 - 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?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 13
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.

Laxmikanth Test : Fundamental Rights- 1 - 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?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 14

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.

Laxmikanth Test : Fundamental Rights- 1 - Question 15

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

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 15

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.

Laxmikanth Test : Fundamental Rights- 1 - 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:

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 16

The correct answer is A: 1.

Statement 1 is correct. Article 19 of the Constitution of India guarantees six fundamental rights to all citizens.

Statement 2 is incorrect. The right to property, which was originally a part of Article 19, was removed from Article 19 and made a separate fundamental right under Article 31. However, it was later deleted as a fundamental right by the 44th Amendment Act of 1978.

Statement 3 is incorrect. The right to property was deleted by the 44th Amendment Act of 1978, not the 42nd Amendment Act of 1976.

Therefore, the correct option is A: 1

Laxmikanth Test : Fundamental Rights- 1 - 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?

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 17

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.”

Laxmikanth Test : Fundamental Rights- 1 - Question 18

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

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 18

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.

Laxmikanth Test : Fundamental Rights- 1 - 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.

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 19

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.

Laxmikanth Test : Fundamental Rights- 1 - 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.

Detailed Solution for Laxmikanth Test : Fundamental Rights- 1 - Question 20

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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