Fundamental Rights Part-II

61. The Child labour was prohibited in hazardous employment by- [U.P. Lower Sub. (Spl) (Pre) 2003, U.P. Lower Sub. (Pre) 2002]

(a) Indian Constitution
(b) The judgment of Supreme Court on December 10, 1996
(c) United Nations Charter
(d) all of the above

Correct Answer: (d) all of the above

Solution:Indian Constitution under Article 24 says that no child under the age if fourteen years shall be employed to work in any factory of mine or engaged in my other hazardous employment. United Nations Charter has proclaimed that childhood is entitled to special assistance for the full and harmonious development of a child and his or her personality should grow up in a healthy environment. On December 10., 1996, in the case of M.C. Mehta Vs. State of Tamilnadu, the Supreme Court held that the employment of children below the age of 14 years into hazardous child labour is unconstitutional and hence prohibited it.

62. Fil in the blank: ___________without duties are like men without shadows. [M.P.P.C.S. (Pre) 2013]

(a) Belief
(b) Rights
(c) Moral
(d) Work

Correct Answer: (b) Rights

Solution:Sir Ernest Baker has said that, ''Rights without duties are like men without shadow''. So that correct option is (b).

63. In the context of India, which one the following is the correct relationship between Rights and Duties? [U.P.S.C. (Pre) 2017]

(a) Rights are correlative with Duties
(b) Rights are personal and hence independent of society and Duties
(c) Rights, not Duties, are important for the advancement of the personality of the citizen
(d) Duties, not Rights, are important for the stability of the State

Correct Answer: (a) Rights are correlative with Duties

Solution:In the context of India, Rights and Duties are correlative. According to Holland, every right implies the active or passive forbearance by others of the wishes of the party having the right. The forbearance on the part of others is called a duty. Rights and duties are two faces of the same thing. The Supreme Court has observed that there may be a rule which imposes an obligation on an individual or authority and yet it may not be enforceable in a court of law and, therefore, not give rise to a corresponding enforceable right in another person. But it would still be a legal rule because it prescribes a norm of conduct to be followed by such individual or authority. Thus, rights and duties are correlative, and they give the effect to each other.

64. Which one of the following statements is correct? [U.P.P.C.S. (Pre) 2017]

(a) Rights are claims of the State against the citizens
(b) Rights are privileges which are incorporated in the Constitution of a state
(c) Rights are claims of the citizens against the State
(d) Rights are privileges of a few citizens against the many

Correct Answer: (c) Rights are claims of the citizens against the State

Solution:Rights are essential for the complete development of human beings. The importance of rights has expanded immensely and has given birth to the concepts of 'fundamental rights human rights, etc. Rights impose restrictions on the powers of the state. These are a guarantee against state action. Thus, rights are claims of the citizens against the state.

65. The concept of 'Right to Service' originated in- [Uttarakhand P.C.S. (Pre) 2016]

(a) The United States of America
(b) Switzerland
(c) Great Britain
(d) China

Correct Answer: (c) Great Britain

Solution:The concept of 'Right to Service' originated in Great Britain (U.K.). Right to service refers to laws which guarantee time-bound delivery of services for various public services rendered by the Government to citizens. The Right of Citizens for Time-bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 was an attempt to start such a law in India. However, it could not be passed. Notably, Madhya Pradesh is the first state in the country to implement the Right to Services Act on 25 September, 2010. Bihar is the second state to implement such law on 15 August, 2011.