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Test: Evolution of the Rule of Law in India - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Evolution of the Rule of Law in India

Test: Evolution of the Rule of Law in India for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Evolution of the Rule of Law in India questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Evolution of the Rule of Law in India MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Evolution of the Rule of Law in India below.
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Test: Evolution of the Rule of Law in India - Question 1
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According to the Rule of Law, what does the Grundnorm primarily signify within a state's governance structure?

Detailed Solution for Test: Evolution of the Rule of Law in India - Question 1
The Grundnorm, within the context of the Rule of Law, serves as the foundational norm from which governmental authority is derived. It typically refers to a country's constitution, which establishes the limits on governmental powers. This concept ensures that authorities are bound by known, specific, general, and equal laws, providing a framework for governance and maintaining the balance of power within a state.
Test: Evolution of the Rule of Law in India - Question 2
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What does the term "Rule of Law" signify?

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The term "Rule of Law" signifies that a government should be governed by rules established by laws rather than by individuals. This principle emphasizes the importance of legal frameworks and regulations in governing a society, ensuring fairness, justice, and equality under the law.
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Test: Evolution of the Rule of Law in India - Question 3
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How was the Evolution of the Rule of Law facilitated in France?

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The Evolution of the Rule of Law in France was facilitated by the Droit administratif system, also known as the French legal system. This system placed a strong emphasis on legal principles governing administrative actions, contributing to the development and establishment of the Rule of Law in France.
Test: Evolution of the Rule of Law in India - Question 4
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What historical event underscored the significance of judicial independence and the supremacy of courts as fundamental components of the Rule of Law?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 4
The case of ADM Jabalpur v UOI in the postcolonial era of India raised critical questions regarding the presence and extent of the Rule of Law within the constitution, particularly beyond the protection offered by Article 21. This case highlighted the complexities and challenges in upholding the Rule of Law within the legal framework of the country, emphasizing the importance of judicial independence and the supremacy of courts in ensuring justice and protecting individual rights.
Test: Evolution of the Rule of Law in India - Question 5
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In the evolution of the Rule of Law in India, which legal system served as an initial source of inspiration for the country's legal framework?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 5
The evolution of the Rule of Law in India initially drew inspiration from the legal system of Britain, which, in turn, had been influenced by French legal principles. This historical connection played a significant role in shaping the legal landscape of India and laying the foundation for its legal framework, reflecting a blend of colonial heritage and indigenous legal traditions.
Test: Evolution of the Rule of Law in India - Question 6
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What fundamental principle was underscored in the case of Union of India v Raghubir Singh?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 6
The case of Union of India v Raghubir Singh highlighted the significance of the independence of the judiciary as a vital component of the Rule of Law. This underscores the crucial role of the judiciary in upholding justice and ensuring the supremacy of courts in maintaining the rule of law within a democratic system.
Test: Evolution of the Rule of Law in India - Question 7
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In which case was it emphasized that excessive executive power in a democracy could potentially lead to the collapse of the country?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 7
The case of Sukhdev v Bhagatram emphasized the dangers associated with a democracy where there is an excessive concentration of executive power. This case highlighted the potential risks involved when there is an imbalance of power within a democratic system, suggesting that an overpowering executive branch could lead to severe consequences, even the collapse of the country.
Test: Evolution of the Rule of Law in India - Question 8
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What principle is enshrined in the Indian Constitution under Article 21, ensuring that no individual can be deprived of their life or personal liberty except through the procedure established by law?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 8
Article 21 of the Indian Constitution guarantees the "Right to Life," protecting individuals from being deprived of their life or personal liberty except through the procedure established by law. This fundamental right forms a cornerstone of Indian constitutional law, emphasizing the significance of individual life and liberty within the legal framework.
Test: Evolution of the Rule of Law in India - Question 9
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What does procedural due process entail within the concept of due process?
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Procedural due process, a component of due process, involves ensuring a fair procedure that includes providing notice and holding a hearing. This aspect focuses on safeguarding an individual's right to a fair process before any deprivation of life, liberty, or property, promoting transparency and fairness in legal proceedings.
Test: Evolution of the Rule of Law in India - Question 10
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In the context of the Indian Constitution, what term is deliberately omitted to avoid potential ambiguity in legal interpretation?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 10
The term 'due process' is intentionally excluded from the Indian Constitution to prevent the confusion and uncertainty associated with its interpretation in the U.S. legal framework. Instead, Article 21 of the Indian Constitution emphasizes the significance of adhering to the procedure established by law to safeguard individuals' rights to life and personal liberty.
Test: Evolution of the Rule of Law in India - Question 11
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What legal concept did the Indian courts start interpreting post-1978 that emphasized fairness, reasonableness, and justice in safeguarding individual rights?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 11
Post-1978, Indian courts began interpreting 'procedure established by law' akin to 'due process,' emphasizing fairness, reasonableness, and justice in safeguarding individual rights. This shift was evident in the Maneka Gandhi vs. Union of India case (1978) where the Supreme Court emphasized that for a law to satisfy Article 21, it must be 'reasonable, just, and fair,' ensuring that it is not arbitrary or oppressive.
Test: Evolution of the Rule of Law in India - Question 12
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Why did the Constituent Assembly in India opt for the term 'procedure established by law' instead of 'due process of law' in its legal framework?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 12
The Constituent Assembly in India avoided incorporating the term 'due process of law' to prevent uncertainty arising from varying interpretations, as observed in the U.S. legal system. Instead, they adopted the phrase 'procedure established by law,' granting legislative bodies the authority to enact laws, even if they are not aligned with principles of justice and equity.
Test: Evolution of the Rule of Law in India - Question 13
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What significant change has the judiciary in India undergone since 1978, particularly in its interpretation of legal procedures?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 13
The judiciary in India has undergone a significant evolution since 1978, aligning Indian constitutional principles more closely with those of the U.S. This shift has elevated the concept of 'procedure established by law' to be synonymous with 'due process,' reflecting a broader understanding of individual rights and legal protections.
Test: Evolution of the Rule of Law in India - Question 14
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Which key elements have played central roles in cases like Maneka Gandhi's in shaping the Indian legal system?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 14
Cases like Maneka Gandhi's have been pivotal in shaping the Indian legal system by focusing on crucial elements such as reasonableness, natural justice, and personal liberty. These cases have prompted significant evolution and enhancements in the protection of individual rights within the legal framework.
Test: Evolution of the Rule of Law in India - Question 15
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What did the 44th Amendment to the Constitution in 1978 ensure regarding Articles 20 and 21 during a state of emergency?
Detailed Solution for Test: Evolution of the Rule of Law in India - Question 15
The 44th Amendment to the Constitution in 1978 ensured that Articles 20 and 21 remain enforceable even during a state of emergency. This means that the fundamental rights guaranteed under Articles 20 and 21 continue to hold significance and protection even in times of emergency, emphasizing the importance of upholding certain rights and safeguards regardless of the circumstances.
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