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In which of the following case supreme

court held that fundamental rights are


unamendable-

(A)Ak Gopalan case


(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.

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