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]

(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers.

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]

(a) the Right to Freedom of Religion
(b) the Right against Exploitation
(c) the Cultural and Educational Rights
(d) the Right to Equality

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.

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

(a) 1 & 3 are correct
(b) 2 & 3 are correct
(c) 1, 2 & 3 are correct
(d) none is correct

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]

(a) Freedom of trade and profession
(b) Equality before the Law
(c) Protection of life and personal liberty
(d) Freedom of religion

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]

(a) Article 16 to Article 20
(b) Article 15 to Article 19
(c) Article 14 to Article 18
(d) Article 13 to Article 17

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).

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

(a) Right to Freedom of Religion
(b) Right to Property
(c) Right to Equality
(d) Right to Constitutional Remedies

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.

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?

(a) 2 only
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3

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.

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 ?

(a) 1 only
(b) 1 and 3
(c) 2 and 3
(d) 1, 2 and 3

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?

(a) 1 only
(b) 2 only
(c) 3 only
(d) 1& 2

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.

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.