Judiciary & Legal, Issues etc.

Total Questions: 62

31. Which of the following factors constitutes the best safeguard of liberty in a liberal democracy? [2021-1]

Correct Answer: (d) Separation of powers.
Solution:Committed judiciary- means a judiciary committed to the policies of the government/ruling party it can't protect the liberty of all people, esp. minorities. So, #a is wrong.
Decentralization of powers is a factor constituting a liberal democracy. So, option 2 is incorrect.
. We are left with 2 options c and d. The question asks about the best safeguard. Only having an elected government doesn't safeguard liberty in liberal democracy- esp. of minorities.
There are three organs of government. These are the legislature, the executive and the judiciary. Each organ acts as a check on the other organs of government and this ensures the balance of power between all three. So this can help protecting Liberty.
So the correct answer is "d".

32. Prohibition of discrimination on grounds of religion etc. (Article 15 of the Constitution of India) is a Fundamental Rights classifiable under: [1995]

Correct Answer: (d) the Right to Equality
Solution:Article 14to 18 are covered under Right to Equality. Article 23 and 24-Right against Exploitation. Article 25to28 - Right to Freedom of Religion. Article 29 and 30 Cultural and Educational Rights.
  • Equality embodies the principle that all individuals are treated fairly and impartially, without discrimination based on caste, religion, gender, race, or economic status. It ensures that every person enjoys equal rights, opportunities, and access to resources within society, fostering justice and fairness.
  • It includes fundamental equality of persons, opportunity, conditions, and outcomes.
  • Dimensions of equality span legal (equal laws), political (equal participation), economic (fair wealth distribution), and social (removal of discrimination).
  • Equality and Principles of Natural Justice (PNJ): PNJ uphold fairness and equity-
  • Audi Alteram Partem: Everyone deserves the right to be heard.
  • Nemo Judex in Causa Sua: No one should judge their own case to prevent bias.

33. Consider the following statements: [1996]

No one can be compelled to sing the National Anthem since:

1. it will be violative of the Right to Freedom of Speech and Expression

2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of religion

3. there is no legal provision obliging anyone to sing the National Anthem

Correct Answer: (c) 1, 2 & 3 are correct
Solution:In the absence of any 'law' mandating the citizens to sing or stand for the national anthem, it is difficult to justify the act of compelling citizens to sing or stand for the national anthem in terms of the restrictions under Right to Freedom of Speech and Expression. (2). Hence statement 1 is correct. In Bijoe Emmanuel & Ors. vs State of Kerala (1986), the Supreme Court held that compelling a person to sing the national anthem violated their right to religion under Article 25 of the Constitution. Hence, statement 2 is correct. Court categorically also held that there is no provision of law which obliges anyone to 'sing' the national anthem, it did emphasise the fundamental duty of citizens under Article 51-A (a) of the constitution "to abide by the constitution and respect the national flag and national anthem". Hence statement 3 is correct.

34. A British citizen staying in India cannot claim the right to: [1999]

Correct Answer: (a) Freedom of trade and profession
Solution:Fundamental Rights available only to citizens and not to foreigners: Rights available under Article- 15, 16, 19, 29 & 30. Fundamental Rights available to bath citizens and foreigners (except enemy aliens): Rights available under Article-14, 20, 21, 21(A), 22, 23, 24, 25, 26, 27 and Article- 28.
Article 19(1) (g) of constitution of India provides Right to practice any profusion or to carry on any occupation, trade or business to all citizens subject to caution restrictions.

35. In the Indian Constitution, the Right to Equality is granted by five Articles. They are: [2002]

Correct Answer: (c) Article 14 to Article 18
Solution:Fundamental Rights have been categorised into 6 groups: Right to Equality (14-18), Right to Freedom (19-22), Right against Exploitation (23 and 24), Right to Freedom of Religion (25 and 28), Cultural & Educational Rights (29 and 30), Right to Constitutional remedies (32).

The right to equality holds immense significance as it serves as the foundation for a just and inclusive society. Its importance lies in several key aspects:

  • Fairness and Justice – It ensures that all individuals are treated equally under the law, irrespective of their background, race, religion, caste, gender, or economic status. This fosters a sense of fairness and justice in society.
  • Non-Discrimination – This right prohibits discrimination in all spheres of life, including employment, education, housing, and public services. It creates a level playing field for everyone, regardless of their differences.
  • Inclusivity – This right promotes inclusivity by recognizing the dignity and worth of every individual. It encourages respect for diversity and the participation of all members of society in civic and political life.
  • Social Cohesion – This right helps in building social cohesion by reducing social tensions and disparities. When individuals feel that they are treated fairly and have equal opportunities, it fosters a sense of belonging and unity within society.
  • Human Rights – This is a fundamental human right enshrined in various international and national legal instruments. Protecting this right is essential for upholding the broader framework of human rights and dignity.

36. Which one of the following rights was described by Dr. B.R Ambedkar as the heart and soul of the Constitution? [2002]

Correct Answer: (d) Right to Constitutional Remedies
Solution:Right to Constitutional Remedies under article 32 is a Fundamental Right. It was called the very soul of Indian constitution and very heart of it, by B.R. Ambedkar.

Right to Constitutional Remedies comes under Article 32 of the Constitution of India that confers the enforcement of the fundamental rights of an aggrieved citizen. It contains the following four provisions in this regard:

  • The right to move to the Supreme Court for enforcement of Fundamental Rights is guaranteed.
  • The Supreme Court shall have the power to issue directions, orders, or writs for the enforcement of any of the Fundamental Rights.
  • The Parliament can empower any other court to issue directions, orders, and writs of all kinds, without prejudicing the same powers of the Supreme Court.

    • Here, the phrase ‘any other court’ does not include the High Court, because Article 226 has already conferred this power on the High Court.

  • The right to move to the Supreme Court shall not be suspended, except as otherwise provided for by the Constitution.

    • President can suspend the right to move to any court for the enforcement of Fundamental Rights during a National Emergency.

37. Consider the following statements: [2005]

1. Article 301 pertains to the Right to Property.

2. Right to Property is a legal right but not a Fundamental Right.

3. Article 300A was inserted in the Constitutional Amendment.

Which of the statement given above is/are correct?

Correct Answer: (b) 2 and 3
Solution:Article 301 pertains to Freedom of Trade, Commerce and Intercourse. In the original constitution right to property was a Fundamental Right under Article 19(1) (f). But 44th Amendment Act, 1978 omitted sub clause f, and inserted Article 300A to make right to property a legal right.

Right to Private Property Judgement
On January 8, a Supreme Court Bench of Justices Ajay Rastogi and Indu Malhotra ruled that the Right to Property is a human right. The judgment emphasized that the State cannot take private property without following due legal procedure.
The case involved the Himachal Pradesh Government, which had forcibly acquired 4 acres of private land in 1967 to build a road in Hamirpur district, without compensating the owner, a widowed, illiterate woman for over 50 years.
Justice Indu Malhotra noted that the woman hadn't pursued legal action earlier due to her rural and uneducated background, which limited her awareness of her rights.
After years of delay, the woman moved to the Supreme Court when lower courts failed to offer relief. The Court observed that when the State seizes land without due process, it acts as an encroacher. The verdict directed the government to pay ₹1 crore in compensation to the 80-year-old woman.

38. With reference to the United Nations Convention on the Rights of the Child, consider the following: [2010]

1. The Rights of Development

2. The Right to Expression

3. The Right to Recreation

Which of the above is/are the Rights of the child ?

Correct Answer: (d) 1, 2 and 3
Solution:The UN Convention on the Rights of the Child (adopted on Nov. 20, 1989) is the first legally binding international instrument to incorporate the full range of human rights i.e. civil, cultural, economic, political and social rights.

The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.

The UNCRC consists of 54 articles that set out children's rights and how governments should work together to make them available to all children.

Under the terms of the convention, governments are required to meet children's basic needs and help them reach their full potential. Central to this is the acknowledgment that every child has basic fundamental rights. These include the right to:

  • Life, survival and development
  • Protection from violence, abuse or neglect
  • An education that enables children to fulfil their potential
  • Be raised by, or have a relationship with, their parents
  • Express their opinions and be listened to.

39. Consider the following statements: [2010]

The Supreme Court of India tenders advice to the President of India on matters of law or fact:

1. on its own initiative (on any matter of larger public interest).

2. if he seeks such an advice.

3. only if the matters relate to the Fundamental Rights of the citizens.

Which of the statements given above is/are correct?

Correct Answer: (b) 2 only
Solution:Article 143 of the Constitution vests the President with the power to seek advice regarding any question of law or fact of public importance, or cases belonging to the disputes arising out of pre-constitution treaties and agreements which are excluded from its original jurisdiction. Hence option b is correct.

The following text has been extracted from the image exactly as it appears:

  • Article 143(1) of the Indian Constitution allows the President to seek the Supreme Court’s opinion on legal or factual matters of significant public importance, even if no case is pending in court.
  • This advisory power, inspired by the Government of India Act, 1935, has been used at least 14 times since Independence.
  • The Court’s role in such cases is limited strictly to the questions raised in the Presidential Reference and cannot go beyond them.
  • Although debated in the Constituent Assembly over concerns of political misuse, the provision was retained to help resolve constitutional deadlocks.
  • To safeguard its use, Article 145(3) mandates that such References must be heard by a Constitution Bench of at least five judges.

40. In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to? [2011-1]

1. It can establish and administer exclusive educational institutions.

2. The President of India automatically nominates a representative of the community to Lok Sabha.

3. It can derive benefits from the Prime Minister's 15-Point Programme.

Which of the statements given above is/are correct?

Correct Answer: (c) 1 & 3
Solution:Article 30 of the constitution of India States that All minorities (whether religious or linguistic) shall have the right to establish and administer educational institutions of their choice.

Article-331 provides for nomination of two anglo-Indians to the Lok-Sabha. But as if now their is no provision for the nomination of religious Minorities to the Lok-Sabha. However religious minorities can avail benefits from the prime minister's 15-point programme.