HomeMock TestState PCSRailwaySSCHSSCDSSSBRO/AROUPSC

Fundamental Rights Part-II

📆 October 1, 2024

Total Questions: 65

21. Which of the following is NOT correctly matched? [U.P. P.C.S. (Pre) 2019]

Correct Answer: (c) Prohibition - 'To be certified'
Solution:"To be certified' is related to certiorari writ, not to the prohibition. This writ is issued by a court higher in authority to a lower court of tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.

22. Which one of the following constitutional remedies is also known as 'postmortem'? [65th B.P.S.C. (Pre) 2019]

Correct Answer: (c) Certiorari
Solution:In the certiorari writ, the Supreme Court and the High Court re-examine the decision given by the Subordinate Courts. Through the Quo warranto writ the court enquires into the Legality of a claim of a person to a public office. This writ prevents the illegal assumption of a public office by an individual. Therefore, both the writs have a sense of postmortem. Thus the appropriate answer for this question should be (e), while the Bihar public service commission has mentioned option (c) as the correct answer.

23. In which petition, Judiciary orders Executives to perform their duty? [U.P.U.D.A./L.D.A. (Pre) 2001]

Correct Answer: (b) Mandamus
Solution:A writ of Mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law. It is "issued by a superior court to compel a lower court or a Government officer to perform mandatory or purely ministerial duties correctly.

24. When the Supreme Court issues a writ to a person or to an institution to perform its duty, it is called- [U.P.P.C.S. (Mains) 2007]

Correct Answer: (b) Mandamus
Solution:A writ of Mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law. It is "issued by a superior court to compel a lower court or a Government officer to perform mandatory or purely ministerial duties correctly.

25. Correctly match the following: [Chhattisgarh P.C.S. (Pre) 2022]

List - IList - II
A. Cultural and Educational Rights(i) Articles 14-18
B. Right to Constitutional Remedies(ii) Articles 23-24
C. Right against Exploitation(iii) Articles 32
D. Right to Equality(iv) Articles 29-30

 

Code :
ABCD
(a)(iv)(iii)(i)(ii)
(b)(iii)(iv)(ii)(i)
(c)(iii)(iv)(i)(ii)
(d)(iv)(iii)(ii)(i)
Correct Answer: (a)
Solution:A writ of Mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law. It is "issued by a superior court to compel a lower court or a Government officer to perform mandatory or purely ministerial duties correctly.

26. Match List-I (Article of Indian Constitution) with List- II (Provisions) and select the correct answer using the code given below the lists: [U.P.S.C. (Pre) 2002]

List-I (Article of Indian Constitution)List-II (Provisions)
A. Article 16 (2)1. No person shall be deprived of his property save by the authority of law.
B. Article 29 (2)2. No person can be discriminated against in the matter of public appointment on the ground of race, religion or caste.
C. Article 30 (1)3. All minorities whether based on religion or language shall have right to establish and administer educational institutions of their choice.
D. Article 31 (1)4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on the grounds of religion, race, caste, language or any of them.

 

Code :
ABCD
(a)2431
(b)3124
(c)2134
(d)2421
Correct Answer: (a)
Solution:Article 16 (2) No person can be discriminated against in the matter of public appointment on the grounds of race, religion or caste.

Article 29 (2)- No person shall be denied admission into any educational institution maintained by the State, or receiving State aid, on the grounds of religion, race, caste, language or any of them.

Article 30 (1) All minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice.

Article 31 (1)- No person shall be deprived of his property save by the authority of law.

27. Which of the following is NOT correctly matched? Article Fundamental Right- [U.P. R.O.JA.R.O. (Pre) (Re-Exam) 2016]

Correct Answer: (b) Protection against arrest and detention - Article 23
Solution:The correctly matched order is as follows:
Fundamental RightArticle
Abolition of UntouchabilityArticle 17
Protection against arrest and detention In certain casesArticle 23
Freedom of ReligionArticle 25
Protection of Interests of Minorities.Article 29

28. Match list-1 with List-II and select the correct answer from the code given below: [R.A.S/R.T.S. (Pre) 2016, U.P.B.E.O. (Pre) 2019]

List-IList-II
(A) Abolition of Titles(i) Article 29
(B) Freedom to manage Religious Affairs(ii) Article 21-A
(C) Protection of Language of Minorities(iii) Article 18
(D) Right to Education(iv) Article 26

 

Code :
ABCD
(a)(iii)(ii)(i)(iv)
(b)(iv)(iii)(ii)(i)
(c)(ii)(iii)(iv)(i)
(d)(iii)(iv)(i)(ii)
Correct Answer: (d)
Solution:
List-IList-II
Abolition of Titles(i) Article 18
Freedom to manage Religious Affairs(ii) Article 26
Protection of Language of Minorities(iii) Article 29
Right to Education(iv) Article 21-A

29. Match List-I with List-II and select the correct answer by using the code given below the list: [U.P.P.C.S. (Mains) 2007]

List-IList-II
A. Fundamental Duties1. Minerva Mills Case
B. Parliament can amend Fundamental Rights2. Article 23 of the Constitution
C. Doctrine of Basic Structure3. 42nd Amendment of the Constitution
D. Prohibition of Trafficking in Human Beings4. Keshvananda Bharti Case

 

Code :
ABCD
(a)3412
(b)4321
(c)2143
(d)1234

 

 

Correct Answer: (a)
Solution:The matched order of list-1 and list-II is as follows:
List-IList-II
Fundamental Duties42nd Amendment of the Constitution
Parliament can amend Fundamental RightsKeshvananda Bharti Case
Doctrine of Basic StructureMinerva Mills Case
Prohibition of Trafficking in Human BeingsArticle 23 of the Constitution

30. By which of the following case Parliament got the right to amend Fundamental Rights? [M.P.P.C.S. (Pre) 1991]

Correct Answer: (a) Keshvananda Bharati Case
Solution:The first time, the Supreme Court held that fundamental rights are amendable, was in the case of Shankar Prasad Vs. Union of India (1951) and Sajjan Singh Vs. Rajasthan State (1965). In the Golaknath case (1967), the prior decision was reversed, and it was held that amendment in fundamental rights is not possible. Again in Keshvananda Bharati case 1973, the Supreme Court held that the amendment power of the Parliament is wide enough but not unlimited. It may amend fundamental rights but not in such way so as to destroy the Basic Structure of the Constitution. This case outlined the power of the parliament to amend the fundamental rights without destroying the basic structure of the Constitution.
Home  | Mock Test  | State PCS  | Railway  | SSC  | HSSC  | DSSSB  | RO/ARO  | UPSC  | 
© 2024 Mock Test 365 | All Rights Reserved