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Test: Fundamental Rights, Directive Principles And Fundamental Duties - UPSC MCQ


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30 Questions MCQ Test - Test: Fundamental Rights, Directive Principles And Fundamental Duties

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Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 1
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Who described the Part III of the Constitutionas “most criticized part of the Constitution?”

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Explanation:

  • B.R. Ambedkar: B.R. Ambedkar described Part III of the Constitution as the "most criticized part of the Constitution." He was the Chairman of the Drafting Committee of the Indian Constitution and played a key role in its formation.

  • Part III of the Constitution: Part III of the Indian Constitution guarantees fundamental rights to all citizens. These rights are considered essential for the protection and preservation of individual liberties.

  • Criticism: Part III has faced criticism for various reasons, including the limitations on these rights, the lack of enforcement mechanisms, and the possibility of misuse by the government.

  • Ambedkar's Perspective: Ambedkar acknowledged the criticisms of Part III but also defended its importance in safeguarding the rights of citizens in a democratic society.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 2
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The original Constitution classified Fundamental Rights into seven categories, butnow

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Explanation:

  • Original Classification: The original Constitution classified Fundamental Rights into seven categories.

  • Current Classification: Now, there are six fundamental rights recognized in the Constitution of India.

  • Regrouping: The fundamental rights are not regrouped into three categories - social, economic, and political. They are still recognized as individual rights but fall under these broader categories for better understanding and implementation.

  • Explanation of Options: Option A is correct as there are currently six fundamental rights in India, not seven or eight. Option D is incorrect as the fundamental rights are not officially grouped into these specific categories in the Constitution.

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Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 3
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The Right to Property in India is a

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Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. It was made a Constitutional right under Article 300A. Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.

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The Fundamental rights in India are based on the
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Explanation:

  • Bill of Rights (U.S.A) with in-built limitations: The Fundamental rights in India are based on the Bill of Rights of the United States of America, but with certain in-built limitations.

  • Adaptation: The framers of the Indian Constitution borrowed the concept of Fundamental Rights from the U.S. Constitution, but made modifications to suit the Indian context.

  • Provisions: The Fundamental Rights in India are enshrined in Part III of the Indian Constitution, from Articles 12 to 35.

  • Guarantees: These rights guarantee individual liberty and equality, and are enforceable by the courts.

  • Limits: However, these rights are subject to reasonable restrictions in the interest of sovereignty, integrity, security, and public order.

  • Evolution: Over time, the interpretation and scope of Fundamental Rights have evolved through judicial decisions, expanding the protection of these rights.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 5
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The Fundamental Rights secured to the citizen/individuals are protected against
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The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 6
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The Fundamental Rights are
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Explanation:

  • Negative rights: Fundamental Rights are often referred to as negative rights because they are rights that protect individuals from government interference or action. They are aimed at limiting the power of the government over individuals.


  • Restrictive rights: Fundamental Rights can also be considered restrictive rights because they restrict the government from taking certain actions that would infringe upon the rights of individuals. These restrictions are necessary to ensure the protection and dignity of individuals.


  • Limited rights: Fundamental Rights are not absolute and can be subject to certain limitations. These limitations are put in place to balance the rights of individuals with the needs of society as a whole. For example, the right to freedom of speech may be limited in cases where it incites violence or hate speech.


  • All of these: Therefore, the Fundamental Rights encompass all of the above characteristics - they are negative rights, restrictive rights, and limited rights. They play a crucial role in upholding the principles of democracy, justice, and equality in society.


Thus, the answer to the question is d. All of these.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 7
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Who enjoys the right to impose reasonable restrictions on Fundamental Rights in India?
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The correct answer is B as the parliament  enjoys the right to impose reasonable restrictions on Fundamental Rights in India.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 8
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Is the judiciary a part of the ‘other authority’ in Art. 12 of the Constitution?
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In Rupa Ashok Hurra v Ashok Hurra[8], the Supreme Court reaffirmed and ruled that no judicial proceeding could be said to violate any fundamental right.  It was said to be a settled position of law that superior courts of justice do not fall within the ambit of ‘State’ or other authorities under Article 12. Therefore, it can rightly be said that while courts perform their administrative function, they are within the State’s definition and cannot violate any fundamental rights of the citizen. Still, when they give judicial decisions, they do not come within the meaning of State.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 9
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When an enactment is of such a nature that no separation is possible between inconsistent and consistent parts,
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Explanation:

  • Situation: When an enactment contains both inconsistent and consistent parts that cannot be separated.

  • Options:


    • Option A: The whole Act will be operative - This option is incorrect because if there are inconsistent parts in the Act, it cannot be fully operative.

    • Option B: The whole Act will be inoperative - This is the correct option. If there are inconsistent parts in the Act that cannot be separated, the entire Act will be considered inoperative.

    • Option C: The Act will neither be operative nor inoperative - This option is not accurate as the presence of inconsistent parts renders the Act inoperative.

    • Option D: None of the above - This option is not correct as Option B is the accurate response.


Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 10
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A law, which abridges Fundamental Rights, is not a nullity but remains inoperative till theshadow of Fundamental Rights falls over suchrights. This is known as the doctrine of
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 10
Doctrine of Eclipse

  • Definition: The doctrine of eclipse states that a law, which abridges Fundamental Rights, is not a nullity but remains inoperative until the shadow of Fundamental Rights falls over such rights.

  • Explanation: When a law is passed that violates Fundamental Rights guaranteed by the Constitution, it is not automatically considered void. Instead, it is said to be eclipsed by the Fundamental Rights and remains in a dormant state until it is brought in conformity with the Constitution.

  • Significance: The doctrine of eclipse ensures that even though a law may be passed in violation of Fundamental Rights, it can be revived and given effect once it is amended to comply with the Constitution. This allows for flexibility in the legal system while upholding the supremacy of the Constitution.

  • Legal Precedents: The doctrine of eclipse has been recognized and applied by the Indian judiciary in various cases to determine the validity of laws that infringe upon Fundamental Rights. It serves as a mechanism to protect the rights of citizens while also respecting the legislative process.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 11
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Under the Constitution, the Doctrine of eclipse applies 
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Explanation:

  • Doctrine of eclipse: The Doctrine of eclipse states that if a law is inconsistent with the Constitution, it is not void ab initio but is considered to be in a state of eclipse until Parliament chooses to amend it to make it consistent with the Constitution.

  • Application to pre-constitutional laws: The Doctrine of eclipse applies to both pre-constitutional laws and post-constitutional laws. It is not limited to only one category of laws.

  • Application to post-constitutional laws: The Doctrine of eclipse also applies to post-constitutional laws, meaning that if any law enacted after the Constitution is found to be inconsistent with the Constitution, it will be considered to be in a state of eclipse until it is amended.

  • Applicability to all laws: Therefore, the correct answer is option D, which states that the Doctrine of eclipse applies to all laws, both pre-constitutional and post-constitutional, regardless of whether they involve citizens or non-citizens.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 12
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“Legal equality” under the Constitution of India implies that
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“Equal protection of law” has been given in article 14 of our Indian constitution.

This means that every person, who lives within territory of India, has the equal right before the law. the meaning of this all are equal in same line. No discrimination based on religion ,race, caste, sex,and place of birth. its mean that all will be treated as equality among equal .and there will be no discrimination based on lower or higher class.

Article-14 Of Constitution Of India

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 13
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The right to ‘equality before the law’ contained in Article 14 of the Constitution of India is available to
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Explanation:

  • Natural persons: Individuals who are human beings and have legal rights and responsibilities. Article 14 of the Indian Constitution applies to natural persons.

  • Legal persons: Entities such as corporations, organizations, or institutions that are recognized as having legal rights and obligations. Article 14 also extends its protection to legal persons.

  • Citizens of India: While citizens of India are included in the scope of Article 14, the right to equality before the law is not limited to citizens alone. It applies to all individuals within the territory of India.

  • All persons, whether natural or legal: The right to 'equality before the law' under Article 14 is not restricted to just natural or legal persons. It encompasses all individuals, regardless of their status or identity.


Therefore, the correct answer is option D: All persons, whether natural or legal, are entitled to the right of 'equality before the law' as guaranteed by Article 14 of the Constitution of India.
Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 14
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Who is an exception to equality before law Article 14?
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 14

C is the correct option. governor and president can not be prosecuted during his term of office he can not be prosecuted for any civil and criminal proceedings during his term of office.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 15
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The Indian Constitution permits discrimination on the basis of
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 15
Indian Constitution and Discrimination

  • Permissible Discrimination: The Indian Constitution does not permit discrimination on any grounds. It upholds the principles of equality, justice, and non-discrimination for all individuals.

  • Equality: The Constitution guarantees equality before law and equal protection of laws to all citizens, irrespective of their sex, caste, religion, or place of birth.

  • Prohibition of Discrimination: Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

  • Right to Equality: The Constitution ensures that all individuals have the right to equality of opportunity in matters of public employment and prohibits discrimination in educational institutions funded by the state.

  • Non-Discrimination: The Indian Constitution promotes the values of secularism, social justice, and inclusivity, aiming to create a society free from discrimination and prejudice.


Therefore, according to the Indian Constitution, discrimination on the basis of any grounds, including sex, caste, or place of birth, is not permissible. The Constitution establishes the framework for a just and equitable society where every individual is treated with dignity and respect, irrespective of their background or characteristics.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 16
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The reservation of seats in educational institutions for Scheduled Castes and Scheduled Tribes is governed by ______ of the constitution.
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Explanation:

  • Article 15: Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It allows the State to make special provisions for the advancement of socially and educationally backward classes of citizens or for Scheduled Castes and Scheduled Tribes.

  • Reservation of Seats: The reservation of seats in educational institutions for Scheduled Castes and Scheduled Tribes is a special provision allowed under Article 15 to promote the advancement of these marginalized communities.

  • Constitutional Provision: This reservation policy is a part of the affirmative action taken by the government to ensure equal opportunities for all sections of society and to address historical injustices faced by marginalized groups.

  • Article 16: Article 16 deals with equality of opportunity in matters of public employment and is not directly related to the reservation of seats in educational institutions.

  • Article 29: Article 29 deals with the protection of the interests of minorities and is not specifically related to reservation policies for Scheduled Castes and Scheduled Tribes.

  • Article 14: Article 14 guarantees equality before the law and equal protection of the law to all persons and is not specific to reservation policies.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 17
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Article 15 prohibits discrimination on grounds only of
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Explanation:

  • Article 15 of the Indian Constitution: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, place of birth, or any of them.

  • Options:


    • Option A: Incorrect. It does not include the phrase "or any of them" at the end.

    • Option B: Incorrect. It does not include the phrase "or any of them" at the end.

    • Option C: Correct. This option includes all the grounds mentioned in Article 15 along with the phrase "or any of them."

    • Option D: Incorrect. It does not provide the correct grounds as mentioned in Article 15.


  • Conclusion: The correct answer is option C as it accurately reflects the grounds mentioned in Article 15 of the Indian Constitution.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 18
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The prohibition against discrimination under Article 15 is for
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 18
Prohibition against discrimination under Article 15

  • Who is protected?


    • Citizens



Detailed Explanation

  • Article 15 of the Constitution of India prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth.

  • This protection is specifically for citizens of India and ensures that they are not discriminated against based on the mentioned criteria.

  • While the article does not extend the protection to non-citizens, it is crucial in upholding the principles of equality and nondiscrimination among citizens.

  • By safeguarding citizens from discrimination, Article 15 plays a significant role in promoting social justice and equality in the country.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 19
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For which of the following can special provisions be made under Article 15 of the Constitution?
1. Women and children
2. Scheduled Tribes
3. Economically backward classes
4. Scheduled Castes
Select the correct answer using the code given below:
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 19

Article 15 Clause (3), (4)and (5) states that the legislature is free to formulate special provisions:

  • For women and children,
  • For the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes,
  • Make provision relating to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions.
Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 20
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Which Article of the Indian Constitution prohibits discrimination against any citizen on the basis of religion, race, caste, sex, or place of birth?
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 20

Article 15(1) of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It ensures that no citizen is denied access to public places, shops, wells, and tanks, etc., on the basis of these factors. Meanwhile, Article 14 guarantees equality before the law and equal protection of the laws within the territory of India. It prohibits arbitrary and unreasonable discrimination between persons. Both of these articles are foundational principles of equality and non-discrimination within the Indian legal framework.

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Article 16 provides equal opportunity in public employment for
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Article 16 of the Indian Constitution:

  • Equal Opportunity: Article 16 of the Indian Constitution provides for equal opportunity in matters of public employment.

  • Scope of Equality: This provision ensures that all citizens have the right to equal opportunity in public employment.

  • No Discrimination: The article prohibits discrimination on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.

  • All Citizens: The correct answer to the question is option A, which states that equal opportunity in public employment is provided for all citizens.

  • Inclusive Nature: Article 16 does not exclude any group of citizens and ensures that everyone has a fair chance in public employment.


By upholding the principles of equality and non-discrimination, Article 16 plays a crucial role in promoting a fair and just society where every citizen has the opportunity to contribute to the public sector based on merit and qualifications.
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Under Article 16, the State can not  reserve posts for
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 22

In Indra Sawhney the nine-judge bench observed that under Article 16(1), appointments and/or posts can be reserved in favour of a class. Thus, reservation in state services in favour of backward classes may be made under Article 16(1) too, as it is based on the premise of equality

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The concept of fundamental duties was borrowed from
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 23

The idea of Fundamental Duties has been borrowed from the Constitution of erstwhile USSR. Till then, Japan was only the democratic state that contains the duties of the citizen. Fundamental Duties are embedded in Part IV-A of the Indian Constitution under Article 51A.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 24
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Which of the following is included in Art.19?
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The heart of the Article 19 says: "Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 25
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The freedom of speech cannot be used
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Explanation:

  • Freedom of Speech: Freedom of speech is a fundamental right that allows individuals to express their opinions without censorship or restraint.

  • Limitations: While freedom of speech is important, there are limitations to its exercise to prevent harm or chaos.

  • Incitement to Violence: Using freedom of speech to incite people to violence is not permissible as it can lead to dangerous consequences and harm to individuals or society.

  • Protecting Public Safety: The government has a duty to protect public safety and can restrict speech that poses a threat to public order or individual safety.

  • Balancing Rights: It is crucial to balance the right to freedom of speech with the need to prevent harm and protect public welfare.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 26
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Article 22 does not apply to
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 26

Explanation:


  • Person who has earlier been convicted: Article 22 does not apply to individuals who have previously been convicted of a crime. This is because their rights may be restricted due to their past criminal activities.

  • Foreigners: Article 22 may not apply to foreigners in certain situations, as their legal status and rights may be governed by international agreements, treaties, or the laws of their own country.

  • Enemy aliens and persons under preventive detention: Article 22 does not apply to enemy aliens or individuals who are under preventive detention. This is because their status and rights may be subject to different legal considerations due to security concerns or the state of conflict.
Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 27
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The right against exploitation prohibits
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Explanation:

  • Traffic in human beings: This refers to the act of recruiting, transporting, transferring, harboring or receiving persons through the use of force, coercion or other means for the purpose of exploitation. The right against exploitation prohibits this heinous act.

  • Begaar: Begaar is a form of forced labor where individuals are made to work without payment or under extremely exploitative conditions. The right against exploitation aims to eradicate such practices.

  • Employment of children below 14 years in factories, mines, etc.: This practice not only deprives children of their right to education and a normal childhood but also exposes them to hazardous working conditions. The right against exploitation prohibits the employment of children in such settings.

  • All of the above: The right against exploitation encompasses all forms of exploitation, including trafficking in human beings, begaar, and the employment of children in hazardous industries. It aims to protect individuals from being exploited and ensures their dignity and well-being.


By upholding the right against exploitation, societies can create a more just and equitable environment where individuals are not subjected to forced labor, human trafficking, or child labor. It is essential to raise awareness about these issues and take collective action to eliminate such practices from our communities.
Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 28
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A Preventive Detention law has to satisfy which of these to become a valid law?
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 28
Explanation:

  • Article 14: Article 14 of the Indian Constitution guarantees the right to equality.

  • Article 19: Article 19 provides certain freedoms to Indian citizens, such as freedom of speech and expression.

  • Article 21: Article 21 guarantees the right to life and personal liberty.

  • Article 22: Article 22 provides protection against arrest and detention in certain cases.


Conclusion:

  • For a Preventive Detention law to be valid, it must satisfy the requirements of Article 14, 19, 21, and 22 of the Indian Constitution.

  • Therefore, the correct answer is option D: Article 14, 19, 21, and 22.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 29
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Double jeopardy means
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Explanation of Double Jeopardy

  • Definition: Double jeopardy refers to the legal principle that prohibits a person from being tried or punished more than once for the same offense after they have been acquitted or convicted.

  • Protection: It is a constitutional protection provided by the Fifth Amendment of the United States Constitution.

  • Key Point: The main idea behind double jeopardy is to prevent the government from using its resources to harass individuals by repeatedly bringing them to trial for the same conduct.

  • Example: If a person is acquitted of murder, they cannot be tried again for the same murder even if new evidence emerges.

  • Exceptions: There are exceptions to double jeopardy, such as when a mistrial is declared or when a case is appealed and sent back for a new trial.

  • Important Note: Double jeopardy only applies to criminal cases and does not prevent civil lawsuits or administrative actions.

Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 30
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A British citizen staying in India cannot claimthe right to
Detailed Solution for Test: Fundamental Rights, Directive Principles And Fundamental Duties - Question 30
A Britsh citizen staying in India cannot claim Right to Freedom of trade and profession because the right which has been provided under Article 19(1) (g) is only to the citizen of India. But other three Right given in the options are available to every person.

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