UGC-NET (NTA) Human Rights and Duties, FEBRUARY-2023

Total Questions: 100

21. The interrelationship between 'Fundamental Rights' and 'Directive Principles of State Policy' was clearly enunciated by the Supreme Court of India in which of the following cases?

Correct Answer: B. Minerva Mills v. U.O.I.
Solution:

In the case of Minerva Mills v. U.O.I., the Supreme Court of India expounded on the intricate relationship between Fundamental Rights and Directive Principles of State Policy.
The court held that both Fundamental Rights and Directive Principles are integral to the basic structure of the Constitution.
Therefore, one cannot be sacrificed at the altar of the other. The court's reasoning was grounded in the idea that the Indian Constitution seeks to establish a welfare state, which requires the harmony and balance between individual rights and the common good.

22. Which Section of the Indian Penal Code (IPC) 1860 defines Trafficking of person:

Correct Answer: B. Sec. 370 I.P.C.
Solution:

Section 370 of the Indian Penal Code (IPC) 1860 defines "trafficking of a person." This section was inserted into the IPC through the Criminal Law (Amendment) Act, 2013, as a response to the urgent need for stricter laws against human trafficking in India.
It provides a comprehensive definition of trafficking, considering various forms and methods of trafficking, including physical and psychological coercion, and emphasizes the importance of consent.

23. The creation of new State(s) can be accomplished by:

Correct Answer: A. An ordinary Legislation
Solution:

The creation of new State(s) can be accomplished through an ordinary legislation by the Parliament. This is in accordance with Article 3 of the Indian Constitution, which empowers the Parliament to form a new state, increase the area of any state, diminish the area of any state, or alter the boundary of any state.
However, prior to the introduction of such a bill in the Parliament, the President has to refer the bill to the concerned state's legislature for its views.

24. The political parties which boycotted the Simon Commission constituted a committee to draft the Constitution for India was chaired by:

Correct Answer: D. Motilal Nehru
Solution:

In 1928, Motilal Nehru chaired the committee that was tasked with drafting a constitution for India. The committee was a consequence of the boycott of the Simon Commission by political parties, due to the lack of Indian representation.
The report, commonly known as the Nehru Report, was a draft for the constitution of India that envisioned a dominion status for India within the British Commonwealth, a scenario similar to what Australia and Canada had at that time.

25. Congress and League held their sessions at the same time in Lucknow, known as Lucknow Pact:

Correct Answer: C. 1916
Solution:

The Lucknow Pact took place in 1916 when both the Congress and the Muslim League held their sessions simultaneously in Lucknow. This marked a significant phase in the political landscape of India as it symbolized the reunion of the moderate and radical factions of Congress and also an accord between the Congress and the Muslim League.
This pact paved the way for both parties to cooperate and collaborate in the larger interest of India's independence. The pact also acknowledged the importance of minority representation, with both parties agreeing to joint electorates, with reserved seats for Muslims in the provinces.

26. In which case Justice Gajendra Gadkar referred to Australian decisions in interpreting the doctrine of 'freedom of trade and commerce'.

Correct Answer: C. Atiabari Tea Co. v. State of Assam

27. "Fundamental Rights are Social Rights conferred by the Constitution was held in:

Correct Answer: C. Kesavanand Bharti Case
Solution:

In the landmark Kesavananda Bharati case, the Supreme Court of India observed that the 'Fundamental Rights' are indeed the social rights conferred by the Constitution.
The case is renowned for introducing the 'Basic Structure' doctrine, wherein the Court stated that Parliament cannot alter the fundamental essence or the basic structure of the Constitution. This case formed the bedrock of Constitutional jurisprudence in India, ensuring that essential features like democracy, secularism, and fundamental rights cannot be abridged or taken away.

28. The Doctrine of Prospective Overruling applied by Supreme Court in Golaknath case was an innovation made by the American Supreme Court in:

Correct Answer: D. Linkletter v. Walker
Solution:

The Doctrine of Prospective Overruling was applied by the Supreme Court of India in the Golaknath case. This doctrine was first innovated by the American Supreme Court in the case of Linkletter v. Walker. The doctrine essentially means that the law declared by the court will only have future effect and will not affect the past transactions.
In the Golaknath case, the Supreme Court held that the Parliament could not amend the Fundamental Rights, but this would apply prospectively, ensuring that past amendments remained valid.

29. Which is the unique process that involves review of human rights records of all members of United Nations once in every four years?

Correct Answer: B. Universal Periodic Review
Solution:

The Universal Periodic Review (UPR) is a unique process that reviews the human rights records of all United Nations Member States once every four years. This mechanism was established when the UN Human Rights Council was created in 2006.
The UPR provides an opportunity for each State to declare what actions they have taken to improve the human rights situation within their countries and to fulfill their human rights obligations.
The process is a peer-review system, with other Member States providing recommendations for improvement.

30. In which year UN General Assembly adopted a resolution to establish Human Rights Council by replacing the Commission on Human Rights?

Correct Answer: C. 2006
Solution:In 2006, the UN General Assembly adopted a resolution to establish the Human Rights Council, replacing the Commission on Human Rights.
The transformation aimed to rectify the perceived deficiencies and criticisms of the earlier Commission.
The Human Rights Council was designed to be more accountable, effective, and efficient in addressing human rights issues and preventing abuses. The establishment of mechanisms like the Universal Periodic Review underscores this proactive approach to ensure member states uphold human rights standards.