Judiciary & Legal, Issues etc.

Total Questions: 62

41. India is home to lakhs of person with disabilities [2011-1]

benefits available to them under the law?

1. Free schooling till the age of 18 years in government- run schools.

2. Preferential allotment of land for setting up business.

3. Ramps in public buildings.

Which of the statements given above is/are correct?

Correct Answer: (d) 1, 2 and 3
Solution:Disable students come under the Right to Education and RTE Act provides for free and compulsory education to 'children' between the ages six and 14 years, though under the Persons with Disability (PWD) Act, a child refers to a person up to the age of 18 years. So statement 1 is correct. Please note that Persons with Disability (PWD) Act provides for ramps in public building; adaptation of toilets for wheel chair users; Braille symbols and auditory signals in elevators or lifts; ramps in hospitals, primary health centres and other medical care and rehabilitation institutions. The same Act also states that appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates.

42. Consider the following: [2011-1]

1. Right to education.

2. Right to equal access to public service.

3. Right to food.

Which of the above is/are Human Right/Human Rights under "Universal Declaration of Human Rights"?

Correct Answer: (d) 1, 2 and 3
Solution:With reference to the Universal Declaration of Human Rights: Article 25 says everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Article 21(2) says-everyone has the right of equal access to public service in his country. Article 26(1) says-Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.

43. With reference to consumers' rights/privileges under the provisions of law in India, which of the following statements is/are correct? [2014-1]

1. Consumers are empowered to take samples for food testing.

2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.

3. In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.

Select the correct answer using the codes given below:

Correct Answer: (b) 2 and 3
Solution:According to consumer court, in case of death of a consumer, his legal heir or representative. Hence statement 3 is correct.
SI.NoTotal Value of goods or services and the compensation claimed (in) Amount of fee payable (in)
District Forum
1.Upto one lakh rupees -For complainants who are Below Poverty Line holding Antyodaya Anna Yojana CardsNil
2.Upto one lakh rupees complainants other -For than Antyodaya Anna Yojana card holders.100
3.Above one lakh and upto five lakh rupees200
4.Above five lakh and upto ten lakh rupees 400
5.Above ten lakh and upto twenty lakh rupees500
State Commission
6.Above twenty lakh and upto fifty lakh rupees2000
7.Above fifty lakh and upto one crore rupees4000
National Commission
8.Above one crore rupees5000

44. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its [2014-1]

Correct Answer: (c) original jurisdiction
Solution:The original jurisdiction of supreme court includes disputes between
(i) The centre and one or more states; or
(ii) The centre and any state or states on one side and one or more states on the other, or
(iii) Between two or more states.
In the above federal disputes, the supreme court has exclusive original jurisdiction. Meaning, no other count can decide such disputes.

45. With reference to the 'Gram Nyayalaya Act', which of the following statements is/are correct? [2016-1]

1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.

2. The Act allows local social activists as mediators/reconciliators.

Select the correct answer using the code given below.

Correct Answer: (c) Both 1 & 2
Solution:Each Gram Nyayalaya is a court of Judicial Magistrate of the first class and its presiding officer is appointed by the state government in consultation with the High court.

Gram Nyayalaya Act; 2008 came into force of Oct, 2, 2009. The objective of this Act is to Provide inexpensive justice to people in rural areas at their doorsteps.

Gram Nyayalaya try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule of the Gram Nyayalaya Act the Act. The Gram Nyayalaya are supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it can make use of the appointed conciliators.

Reference- Page no. 601 of India year book 2016, under heading Judiciary it says- Panchayat Courts also function in some states under various names like Nyaya Panchayat, Panchayat Adalat, Gram Kachehri, etc., to decide civil and criminal disputes of petty and local nature.

Under this act, District court with consultation of DM, prepares panel of social workers to act as councilors. Hence 2nd statement is right.

46. In India, Judicial Review implies [2017-11]

Correct Answer: (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
Solution:

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

  • Judicial review refers to the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
  • If on examination, the judiciary finds them violative of the Constitution (ultra vires), it declares them illegal, unconstitutional, and invalid (null and void).

Consequently, they cannot be enforced by the government.

  • Though the phrase ‘Judicial Review’ has nowhere been used in the Constitution, there are many constitutional provisions that confer the power of Judicial Review on the Supreme Court and the High Courts.
  • Some of the prominent of such constitutional provisions include:

    • Article 13 provides that any law that is inconsistent with or in derogation of Fundamental Rights shall be null and void.

    • Article 32 empowers the Supreme Court to issue writs for enforcement of the Fundamental Rights.

    • Article 226 empowers the High Courts to issue writs for the enforcement of Fundamental Rights as well as for any other purposes.

47. "Rule of Law Index" is released by which of the following? [2018-1]

Correct Answer: (d) World Justice Project
Solution:Topic was in news during 2018-March: The World Justice Project released its Rule of Law Index 2017-18 report, which measures the extent to which 113 countries have adhered to the rule of law in that perio(d) (India's rank was 62, better than China, Pakistan, Myanmar and Bangladesh; Denmark occupied the top spot.
  • The Rule of Law Index (ROLI) is released by the World Justice Project (WJP), a US-based civil society group.
  • It rates countries based on accountability of executives and respect for fundamental rights of people.
  • The index is prepared by examining these four principles through eight factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
  • The World Justice Project (WJP) is an independent, multidisciplinary organization working create knowledge, build awareness, and stimulate action to advance the rule of law worldwide.
  • It was founded by William H. Neukom in 2006 as a presidential initiative of the American Bar Association (ABA).

48. Consider the following statements: [2018-1]

1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education.

2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.

3. In India, more than 90% of teacher's education institutions are directly under the State Governments.

Which of the statements given above is/are correct?

Correct Answer: (b) 2 only
Solution:Under RTE Act section 23, National Council for Teacher Education (NCTE) decides the minimum qualification. So, #1 is wrong.

After RTE it is mandatory that only those people may be appointed as teachers who are able to clear TET. So, #2 is right. Thus by elimination, we get the correct answer b: only 2.

It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings, It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.
It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,
It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child's knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

49. Consider the following statements: [2019-1]

1. As per recent amendment to the India Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on the forest areas.

2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.

3. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.

Which of the following statements given above is/are correct?

Correct Answer: (b) 2 & 3 only
Solution:Indian Forest Act was amended to omit the word "bamboos" from the definition of tree, to exempt bamboos grown on non-forest area from the requirement of permit for felling or transit under the said Act, and would encourage bamboo plantation by farmers resulting in the enhancement of their income from agricultural fields. So, #1 is wrong.
In both b and c, statement #3 is common, so we've to accept it as true without verifying.
Forest rights Act: Section 2(1) Minor forest produce includes bamboo, brushwood, honey, wax etc. So, #2 is right. Thus answer is b.

50. Which Article of the Constitution of India safeguards one's right to marry the person of one's choice? [2019-1]

Correct Answer: (b) Article 21
Solution:2018-April: "The right to marry a person of one's choice is integral to Article 21 (right to life and liberty) of the Constitution". SC Judgement on Hadiya Case. Then answer is "b".

Some of the rights observed in Article 21:

  • Right to live with dignity
  • Right to Livelihood
  • Right to clean environment
  • Right to Social security and protection of family
  • Right to Know or be Informed
  • Right against solitary confinement
  • Right against delayed execution
  • Right against Public Hanging
  • Right against telephone tapping
  • Right to privacy and subjecting a person to medical tests
  • Right to go abroad