0 valutazioniIl 0% ha trovato utile questo documento (0 voti)
32 visualizzazioni24 pagine
The document contains multiple questions and explanations related to fundamental rights and the Indian Constitution.
The key points are:
- The Golaknath case held that Parliament cannot amend fundamental rights. The Kesavanada Bharti case upheld amendments but said they must maintain the basic structure.
- Dr. Ambedkar described the right to constitutional remedies (Article 32) as the "soul" and "heart" of the Constitution as it allows individuals to approach the Supreme Court directly.
- After the 44th Amendment, the right to property is no longer a fundamental right but remains a legal/constitutional right.
- Fundamental rights can be suspended by Parliament but not in a way that affects
The document contains multiple questions and explanations related to fundamental rights and the Indian Constitution.
The key points are:
- The Golaknath case held that Parliament cannot amend fundamental rights. The Kesavanada Bharti case upheld amendments but said they must maintain the basic structure.
- Dr. Ambedkar described the right to constitutional remedies (Article 32) as the "soul" and "heart" of the Constitution as it allows individuals to approach the Supreme Court directly.
- After the 44th Amendment, the right to property is no longer a fundamental right but remains a legal/constitutional right.
- Fundamental rights can be suspended by Parliament but not in a way that affects
The document contains multiple questions and explanations related to fundamental rights and the Indian Constitution.
The key points are:
- The Golaknath case held that Parliament cannot amend fundamental rights. The Kesavanada Bharti case upheld amendments but said they must maintain the basic structure.
- Dr. Ambedkar described the right to constitutional remedies (Article 32) as the "soul" and "heart" of the Constitution as it allows individuals to approach the Supreme Court directly.
- After the 44th Amendment, the right to property is no longer a fundamental right but remains a legal/constitutional right.
- Fundamental rights can be suspended by Parliament but not in a way that affects
(B) Keshavnanda bharti case (C) M c Mehta case (D) Golak nath case Answer: D
Explanation: After the Golaknath case,
the SC held that the Parliament cannot amend Fundamental rights, whereas after the Kesavanada Bharti case, the SC upheld the validity of the 24th amendment holding amendment to Fundamental Rights as constitutional but simultaneously putting a caveat of maintaining the basic structure. Which of the fundamental right was describe by Dr BR Ambedkar as soul of Indian constitution (A)Right to religion (B)Right to education (C)Right to equality (D)Right to constitutional remedies Answer : D
Explanation: Article 32 is known as the
“spirit of the constitution and exceptionally heart of it” by Dr. Ambedkar. Article 32 makes the Supreme Court the safeguard and underwriter of the major rights. Further, the capacity to issue writs goes under the original jurisdiction of the Apex Court. This implies an individual may approach SC straightforwardly for a cure as opposed to by appeal. At present in Indian constitution right to property is (A)Fundamental right (B)Moral right (C)Legal right (D)none Answer: c
Explanation :The 44th Amendment Act
of 1978 abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31from Part III. Instead, the Act inserted a new Article 300A in Part XII underthe heading ‘Right to Property’. It provides that no person shall be deprived of his property except by authority of law. Thus, the right to property still remains a legal right or a constitutional right, though no longer a fundamental right. It is not a part of the basic structure of the Constitution Which of the following subjects come under the common jurisdiction of Supreme court and high court (A)Dispute among state (B)Dispute between center and state (C) Fundamental right (D) none Answer: C
Explanation: Original jurisdiction is
related to cases which are directly brought to the Supreme Court. Cases which require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard In the supreme court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. Fundamental rights granted Indian citizen – (A) Can not be suspended (B) Can be suspended (C) Can not be suspended in any circumstances (D) none Answer: B
Explanation: 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 Article 20 of the Indian Constitution grants protection against self incrimination. However, this protection does not extend to: 1.Oral evidence 2.Production of material objects 3.Blood specimens select the correct answer : (A) 1 only (B) 2 only (C) 2 AND 3 (D) 1 2 AND 3 Answer: C
Explanation: The protection against self-
incrimination extends to both oral evidence and documentary evidence. However, it does not extend to : (1) compulsory production of material objects, (2) compulsion to give thumb impression (3) blood specimens As far as the Armed Forces are concerned, the Fundamental Rights granted under Articles 14 and 19 of Constitution are:
(a) Not available at all
(b) Available to the Armed Forces but not to other forces (c) Available only at the discretion of the Chief of the Army staff (d) Available only according to law made by Parliament Answer: (d)
Explanation: The power to make laws
under Article 33 is conferred only on Parliament and not on state legislatures. Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights As far as the Armed Forces are concerned, the Fundamental Rights granted under Articles 14 and 19 of Constitution are:
(a) Not available at all
(b) Available to the Armed Forces but not to other forces (c) Available only at the discretion of the Chief of the Army staff (d) Available only according to law made by Parliament Answer: (d)
Explanation: Article 33 empowers the
Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces Which of the following statements is/are correct of the writ of prohibition? 1. It is an order issued by a higher court commanding a lower court to cease from proceeding in some matters not within its jurisdiction. 2. It can be claimed by an aggrieved party as a matter of right. Select the correct answer using the codes given below: (a) Only 1 (b) Only 2 (c) Both 1 and 2 (d) Neither 1 nor 2 Answer:(c)
Explanation: Literally, it means ‘to
forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping ad jurisdiction that it does not possess The scope of ‘life and personal liberty’, as envisaged in Article 21 of the Constitution of India, has expanded considerably over the years. Which one of the following can still not be subject of this protection?
(a) The Right to good health
(b) The Right of a bonded labour to rehabilitation after release (c) The Right, under a settlement, to claim bonus or dearness allowance (d) The Right to livelihood by means which are not illegal, immoral or opposed to public policy Answer:(c) Explanation:(1) Right to live with human dignity. (2) Right to decent environment including pollution free water and air and protection against hazardous industries. (3) Right to livelihood. (4) Right to privacy. (5) Right to shelter. (6) Right to health. (7) Right to free education up to 14 years of age. (8) Right to free legal aid. (9) Right against solitary confinement. (10) Right to speedy trial. (11) Right against handcuffing. (12) Right against inhuman treatment. (13) Right against delayed execution. (14) Right to travel abroad. Which of the following is not included in Article 19 of the Constitution of India, pertaining to the Right to Freedom? (a) Right to reside and settle in any part of the territory of India (b) Right of minorities to establish and administer educational institutions (c) Right to form associations or unions (d) Right to assemble peaceably and without arms Answer:(b) Explanation: Article 19 guarantees to all citizens the six rights. These are: (i) Right to freedom of speech and expression. (ii) Right to assemble peaceably and without arms. (iii) Right to form associations or unions or co-operative societies.10 (iv) Right to move freely throughout the territory of India. (v) Right to reside and settle in any part of the territory of India. (vi) Right to practice any profession or to carry on any occupation, trade or business Consider the following statements: The ‘State’ under Article 12 of the Indian Constitution includes: 1. The Government and Parliament of India. 2. The Government and legislature of the states. 3. Local authorities or other authorities within the territories of India or under the control of Government of India. Which of the statements given above are correct? (a) 1, 2 and 3 (b) 1 and 2 (c) 2 and 3 (d) 1 and 3 Answer:(a) Explanation: According to it, the State includes the following: (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 non statutory authorities like LIC, ONGC, SAIL, etc.