sahityapolity.blogspot.com: August 2016

6.|FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES

1. Which among the following countries has not codified the Fundamental Rights :

(a) United States

(b) England

(d) Australia

2. The foundation of individual rights in England may be said to be negative :

(a) in the sense that an individual has right and freedom to take whatever action he likes, solong as he does not violate any rule of the ordinary law of land

(b) in the sense that an individual has right and freedom to be determined by the Supreme Court (c) in the sense that the State can not impose any reasonable restriction on the individual Executive

(d) None of the above

3.while the English were anxious to protect individual rights of the citizens. in the absence of written constitution in England or codification from the abuse of absolute crown, the framers of Američan fundamental Rights, the individual libertỷ is secured by coņstitution were apprehensive of tyranny of Legislature

(a) The individual Fundamental Rights in England is not secured only

[b] The individual liberty is secured by thế Parliament

(d) None of the above

4. Who among the following is considered to be the guardian of Congress as unconstitutionål on the ground of of individual rights? Contravention of any provision of the Bill ofRights

(a) Parliament

-(b) Judiciary

(d) Prime Minister adjust any of the fundamental rights in view of any

6. The framers of the Indian Constitution borrowed the concept of Fundamental Rights from the :

(a) Constitution of Canada

(b) Constitution of U.S.A

. (c) Irish Constitution

(d) All the above

7. Under the British rule the Indian people enjoyed :

-(a) No Fundamental Rights

(b) Some Fundamental Rights

(d) Directive Principles only

8. In 1928, a report was prepared and fundamental rights were demanded under the leadership of :

(a) Maulana Azad

(b) Motilal Nehru

(d) Jawahar Lal Nehru

9. Who headed the committee appointed by the constituent assembly to finalise the fundamental rights of Indian citizens?

(a) B.R. Ambedkar

(b) Jawahar Lal Nehru

(d) Sardar Patel

10. The Fundamental rights granteed to the Indian citizens by the constitution are so called because :

a) They are superior to ordinary Laws

(b) They are vital for the development of individual's personality

(d) All the above

11. The Fundamental Rights :

(a) formed a part of the original constitution

(b) were added by the Parliament in 1952

(d) were added by 42nd amendment of constitution

12. The Fundamental Rights have :

(a) a moral force behind them

(b) a force of the public opinion

(d) None of the above

13. The Fundamental rights of Indian Constitution are enshrined in :

(a) The preamble

(b) Part III of the Constitution

(d) Part VA of the Constitution

14. Parliament of India cannot be said to be sovereign in the English sense of legal omnipotence :

(a) parliament is created and limited by a written constitution enables to legislate only subject to the limitation and prohibition imposed by the constitution

(b) These limitation, the Supreme Court and the High Courts are competent to declare a law as unconstitutional and void

(d) both (a) and (b) are incorrect

15. The Fundamental Rights enshrined in the Indian Constitution are :

(a) absolute in nature

(b) absolute but some are restricted

(d) None of the above

16. Fundamental Rights under Indian Constitution distinguished from American Bill of Rights :

(a) while the declarations in American Bill of rights are absolute, in India this power has been expressly restricted & limited with reasonableness

(b) while in America the power of the state to impose restrictions upon the fundamental rights of the individual in the collective interest had to evolved by the judiciary - in India having the power of judicial review in the hands of the judiciary to determine the reasonableness of the restrictions imposed by Legislature

(c) both (a) and (b) are the correct distinction of the fundamental rights under Indian Constitution and American Bill of Rights

(d) both (a) and (b) are not a correct distinction of the fundamental rights under Indian Constitution and American Bill of Rights

17. The original constitution divided fundamental rights into seven categories but now they are divided into :

(a) Four categories

(b) Five categories

(d) Three categories

18. Which one of the following rights was deleted from the list of fundamental rights after inauguration of the Constitution :

(a) Right against exploitation

(b) Right to freedom of religion

(d) Right to constitutional remedies

19. A Right to Property was deleted from the list of fundamental rights by :

(a) 24th constitutional amendment

(b) 39th constitutional amendment

(d) 44th constitutional amendment

20.A Right to Property granted under Articles 19(1)(F) and 31 was omitted by 44th Amendment Act, 1978 and new Article was added as persons not to be deprived of property :

(a) Article 300

(b) Article 300A

(d) Article 301A

21.At present the Right to Property is merely a :

(a) Legal Right

(b) Moral Right

(d) Civil Rights

22.which one set of the following Articles deals with the fundamental rights :

(a) Articles 12-35

(b) Articles 14-31

(d) Articles 15-35

23.Fundamental Rights are binding :

(a) on Local Govt. only

(b) on Provincial Govt. only

(d) on Central Govt.,

24.State Govt., all local or other authorities within the territory of India or under the control of Govt.The net result of the 44th Amendrament wherein the right to property delęted from the chapter of fundamental rights inflicted upon the right to property is/are :

(a) If any body's property is taken away without the authority of law or in contravention of a law, the aggrieved individual shall have no right to move the Supreme Court under Article 32 (Right to constitutional remedy)

(b) If a Legislature makes law depriving a person his property, he can not challenge the reasonableness

(d) All the above

25.By which amendment parliament acquired the right to amend Fundamental Rights :

(a) 24th Constitutional Amendment

(b) 23rd Constitutional Amendment

(d) 40th Constitutional Amendment

26.Under which Article of the Constitution state as - "The state shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void".

(a) Article 15 (c) Article 13 clause 2

(b) Article 19 (d) Article 21

27.In Kesavanand Bharti v/s State of Kerala case it was heldthat :

(a) Parliament could not amend fundamental rights

(b) Parliament could amend only some part of the Fundamental Rights

(d) None of the above

28.The 24th Amendment was challenged in which one of the following case :

(a) Kesavanand Bharti v/s State of Kerala

(b) Golak Nath v/s State of Punjab

(d) Gopalan v/s Union of India

29.In Shakri Prasad v/s Union of India and in Sajjam Singh v/s State of Rajasthan case, it was held by the Supreme Court

(a) Parliament could amend Fundamental Rights

(b) Parliament could not amend all Fundamental Rights

-(c) Parliament could amend some Fundamental Rights only

(d) None of the above

30.In Golak Nath v/s State of Punjab, the Supreme Court overruled the decisions held in :

(a) Ramesh Thapar v/s State of Madras

(b) Shankari Prasad v/s Union of India

-{d) Both (b) and (c)

31.In Golak Nath v/s State of Punjab, it was decided by the Supreme Court's 11 Judges Bench that :

(a) Fundamental Rights were like ordinary laws

(b) Fundamental Rights could be amended by the parliament

(c) Fundamental Rights had been given a transcendental position by the constitution, so that no authority functioning under the constitution including parliament exercising the amending power under Article 368, was competent to amend

(d) Parliament was sovereign

32.The Golak Nath v/s State of Punjab case with regard to the Fundamental Rights took place in :

(a) 1964(b) 1966

33.Until the Golak Nath v/s State of Punjab the Supreme Court had been holding :

(a) No part of our constitution was unamendable and the parliament, in compliance with the requirements of Art.

a)368 (Amendments) amend any provision including fundamental rights

(b) No part of our constitution was amendable

(d) None of the above 40.

34. By the 24th Amendment Act, 1971 Articles 13 and Articles 368 were amended to make it clear :

(a) That fundamental rights were amendable under the procedure laid down in Article 368

(b) That 24th Amendment Act, 1971 over ridded the majority decision of the Supreme Court in GolakNath v/s State of Punjab

(d) Both (a) and (b) are false

35. The supreme court in which case upheld the validity of 24th amendment and overruled the Golak Nath v/s State of Punjab

(a) Kesavanand Bharti v/s State of Kerala

(b) Brij Bhushan v/s State of Delhi

(d) None of the above

36. The case Kesavanand Bharti v/s State of Kerala were decided by Supreme Court in :

(a) 1971

(b) 1972

(d) 1974

37. In the case Kesvanand Bharti v/s State of Kerala it was held by the Supreme Court:

(a) That it is competent for parliament to amend fundamental rights under Article 368

(b) It does not make any exception in favour of Fundamental Rights nor does Art. 13 comprehend Acts amending the constitution itself

(c) It laid down that there implied limitations on the power to amend and that power cannot be used to alter basic structure of the constitution

(d) All the above

38. The Fundamental Rights secured to the individual are:

(a) limited on the state action only

(b) means to protect persons against the conduct of private persons

(e) means to protect persons against the public action

(d) all the above are correct

39. which Article of the Indian Constitution defines 'the state

(a) Article 12

b) Article 13

(d) Article 15

40.| The doctrine of "Basic Structure" of the constitution we relate applied by supreme Court in

(a) Minerva Millsv/s Union

a)Gandhi v/s Union of India

c) hussainara Begam v/s St

d) None of the abóve/ate of Bihar

41. which among the following is not a fundamental rights been eliminated by the 44th

(a) Right to equality

b) Right to freedom

9) Right against exploitation

(d) Right to property

42.Right to Property has Amendment in the year :

(a) 1972 (c)||1978

(b) 1974 (d) 1980

41. which among the following fundamentalrights is/are available to any Person on the soil of India citizen or foreigner

(a) Equality before law

(b)under Article 14 Protection of life and-Personal liberty against authority of law guaranteed under law

c) Right against exploitation guaranteed under Article 23 of

(d) All the above

42.Freedom of religion available to :

(a) Citizen of India only

(b) Foreigners only

(d) citizen as well as foreigners

43.the right against exploitation guarnted by the constitution have underArticle 23 of

(a) Citizen of India only (b) Foreigners only

(e), any person (d) None citizen a well as foreigners

44.No, which among the following Fundamental rights only tothe"Rights is/are protection from discrimination, On the ground ofreligion,race, Caste, sex or place Place of birth guarantee under Article 15 of the constuitution

(b) Equality of opportunity in matters of|-guaranteed under Artičle 16 öf the employment

equal protection of law guaranteed

45.freeom guaranteed under Article 25 have been

(a) Freedom of speech, assembly, association movement, residence and profession guaranteed under Article 19

(b) All the above

45.which among the following fundamental rights are not available any person on the soil of India :

(a) Cultural and educational rights at minorities guaranteed under Article 30

(b) Protection in respect of conviction against ex post facto laws, double punishment and self incrimination guaranteed under Article 20

(c) Freedom as to attendance at religious instruction or worship in state educational institutions guaranteed under Article 28

(d) Right against exploitation guaranteed under Article 23 of

the Constitution

46.Which among the following fundamental rights is/are exclusively confine for citizens of India :

(a) Equality before Law & equal protection of law

(b) Equality of opportunity in matters of public employment

(d) Freedom of religion

47.Freedom as to payment of taxes for the promotion of any particular religion guaranteed under Art. 27 is available to :

(a) Citizen of India only

(b) Aliens only

(d) None of the above

48.Equality before Law and equal Protection of Law guaranteed under Article 14 of the Constitution granted only to :

(a) Citizens of India

(b) Foreigners

(d) None

49.Freedom of speech, assembly, association, movement residence and profession guaranteed under Article 19 is available only to :

(a) The citizen of India

(b) Foreigners

(d) None

50.Some of the fundamental rights are negatively worded, as prohibitions to the state e.g. Art. 14 says - "The state shall not deny to any person equality before law - similar are the provisions of Articles:

(a) Article 15(1)(b) Article 16(2) (c) Article 28(1)(d) All the above

51.Protection of the life and personal liberty against action without authority of law guaranteed under Article :

(a) 20(b) 21 (c) 22(d) 23

52.All the Fundamental Rights are available against the 'state action'. The State will include :

(a) Not only the Executive and Legislative organs of the union and the States, but also local bodies

(b) Any authority or body of persons exercising the power to issue orders, rules, bye-laws or regulations

(d) All the above

53.In case of violation of rights by one individual to another individual :

(a) Constitutional remedy is available

(b) The ordinary legal remedies are available

(d) None of the above

54.There are certain rights included in Part III which are available not only against the state but also against private individuals, which among the following rights granted against private individuals

(a) Equality in regard to access to and use of places of public resort, guaranteed under Article 15(2)

(b) Prohibition of untouchability guaranteed under Article 17

(d) All the above

55.rights available against private individual Equality before law and equal protection is guaranteed under Article :

(a) 14(b) 15 (c) 16(d) 17

56. The expression 'equality before the law' and 'equal protection of laws seems to be identical, but, in fact, they mean different things :

(a) while equality before the law is a negative concept, equal protection of law is positive concept

(b) while equality before law implies absence of any special privilege by reason of birth, creed or the like in favour of any individual and the equal subjection of all classes to the ordinary law, equal protection of law implying the right to equality of treatment in equal circumstances

(d) both (a) and (b) are incorrect differentiation

57. Equality before law means :

(a) No man is above the law of the land

(b) Every person, whatever be his rank or status, is subject tothe ordinary law

(d) All the above

58. Equality before law is the second corollary of the Dicey's concept of :

(a) Equal protection of law

(b) Rule of law

(d) None

59. There are certain exceptions are recognised to the rule of law/equality before law in the public interest available to :

(a) The President or the Governor

(b) The Prime Minister

(d) All the above

60. Equal Protection of laws means :

(a) among equals, the law should be equal and equally administrated and like should be treated alike

(b) Equal Protection required affirmative action by the state towards unequals by providing facilities and opportunities

(c) The guarantee of 'equal protection is a guarantee of treatment of persons in equal circumstances, permitting differentiation in different circumstances

(d) All the above

61. The guarantee of equal protection includes:

(a) absence of any arbitrary discrimination

(b) classification must be reasonable and rational

(d) all the above

62. Protective discrimination in favour of SCs and STs is a partof constitutional scheme of social and economic justice

(a) to integrate them into the national mainstream so as to establish and integrated social order with equal dignity of person

(b) because they are privileged persons

(d) None of the above

63. Article 16 of the Constitution restricts of public discrimination namely :

(a) matter at the disposal of the state

(b) employment under the state

(d) all of the above

64.Article 15 prohibits discrimination on the ground of religion, race, caste, sex or place of birth - the prohibitions against discrimination, however, would not preclude the state from :

(a) making special provision for women & children

(b) making special provision for the advancement of any socially and educationally backward class of citizens for the SCs and STS

(d) the state can not make special provisions even for women, children and SCs and STs

65.Though discrimination on the ground of caste only is prohibited by clause (1) of Article 15 it would be permissible under : (a) clause (2) of Article 15 (b) clause (3) of Article 15 (c) clause (4) of Article 15 (d) clause (5) of Article 15Article 15 (4) envisages the policy of compensatory or protective discrimination but it should be reasonable and consistent with the :

(a) Public interest

(b) National interest

(d) All the above

66.Article 16 describes equality of opportunity in the matters of public employment – this equality is to be observed by the :

(a) appointment to the public services/public employment

(b) appointment to the private employment

(d) None of the above

67.Article 16 bars discrimination not only in the matters of initial appointment but also of :

(a) Promotion

(b) Demotion

(d) All the above

68.Reservation in favour of backward classes in public employment is permissible under :— (a) clause (2) of Article 16 (b) clause (3) of Article 16 (c) clause (4) of Article 16 (d) clause (5) of Article 16 Residence within the state may be laid down by the parliament as a condition for particular class of employment of appointment under any state or other local authority by:

(a) clause (1) of Article 16

(b) clause (2) of Article 16

(d) clause (4) of Article 16

69. A nine Judges Bench of Supreme court has in Indra Sawhney v/s Union of India(Popularly known as the Mandal Commission Case) laid down

: (a) The reservationsContemplated in Article 16(4) should not exceed 50%

(b) The reservation of posts under Article16(4) is confined to initial appointment only

(d) All the above.

70.For the furtherance of social equality, the constitution provides for the abolition of evil of“untouchability" under Article :

(a) 17

(b) 18

(d) 20

81. The Parliament has enacted the Untouchability (Offence) Act, 1955 prescribing the punishment for this offence which has been renamed as the protection of Rights Act, 1955 in the year :

(a) 1977

(b) 1976

(d) 1981

71.. The Protection of Civil Rights Act, 1955 declares certain acts of offence, when done on the ground of ‘untouchability" and prescribes the punishment för :

(a) refusing admission to any person to public institution, such as hospital, dispensary, educational institution;

(b) preventing any persons from worshiping or offering prayers În any place of public worship; (c) subjecting any person toany disability with regard to access to any shop, public resturant, hotel or public entertainment or with regard to the use ofany reservoir, tap or other Sources of water, road, cremation ground or any other place where services are rendered to public;

(d) All the above acts are punishable under the provision of Protection of Civil Rights Act, 1955

72. The penal sanction has been enhanced by providing than in case of subsequent conviction, the punishment may range from –

(a) one to two years imprisonment

(b) 6 months to one yeảr imprisonment

(d) 1 months to 3 months imprisonment

84. A person convicted of the offence of‘untouchability' shall be disqualified for :

(a) election for the post of President of India

(b) election to the Union or a State Legislature

(d) private appointment

85.During the ‘British Rule' there was power to center 'titles' by the Govt. for imperialistic purposes and for corrupting public life. The Constitution of India seeks to prevent sucň abuse by prohibiting the state from conferring any title at all. The provision is incorporated under Article :

(a) 16(b) 17

86.The six fundamental rights in the nature of "freedom' granted to the citizens by the Constitution of India under Article :

(a) 17(b) 18

87.The Constitution guarantees freedom of speech and expression under Article 19(1). This freedom is subject to seasonable restrictions imposed by the state relating to :

(a) defamation

(b) contempt of court

(d) all the above

Note : In addition to the above three subjects. Five othersubjects

88. to the reasonable restrictions i.e.security of the state, friendly relations with foreign state; incitement of an offence; public order; maintenance of sovereignty and integrity of India.Decency or morality includes :

(a) Sexual morality;

(b) Non-conformity with the current standards of behaviour or propriety;

(c) Seeking votes in an election on thegrounds of the candidate's religion in a secular state, is against the norms of decency & propriety.

(d) All the above

89.Freedom of speech and expression cannot confer upon an individual :

(a) a licence to abuse others in the name of freedom of speech

(b) a licence to legal and moral acts by incite others to overthrow the establish Govt. by democratic methods

(d) all the above

90.The freedom of assembly is subject to the qualification that :

(a) It must be violent with arms.

(b) It must be peaceful and without arms.

(d) It must be against public order.

91.All the citizens have the right to form association or unions, but subject to reasonable restrictions imposed by the state in the interest of :

(a) Public order or morality.

(b) Sovereignty and integrity of India.

(d) All the above.

92.Every citizen have the right to move freely throughout the territory of India or to reside and settle in any part of the country subject to the restrictions imposed by the state in the interest of :

(a) The general public;

(b) For the protection of any Schedule Tribes;

(d) None of the above.

93.Every citizen has the right to practice any profession or to carry on any occupation, trade or business but :

(a) Subject to any law laid down qualifications for carrying on any profession or technical occupation.

(b) Without any specific qualification for any professional or technical occupation.

(d) Without imposing any reasonable restrictions.

94.Which among the following statement is true :

(a) Article 19 right to freedom does not containany limitations to the rights.

(b) Article 19 of the Constitution, there is a distinct clause attached to each of the right declared, containing the limitation or restrictions.

(d) All the above.

95.A law which may be made by the state under any of the'specific grounds, such as public order, defamation, contemptof the court:

(a) Can be challenged as unconstitutional.

(b) Cannot be challenged as unconstitutional where the restrictions imposed by the law can be held to be “unreasonable” by the court of law.

(d) Both the statements (a) and (b) are untrue.

96.The Supreme Court has held in examining the reasonableness of a statutory provision, whether it violated the fundamental right guaranteed under Article 19, one has to keep in mind :

(a) The Directive Principles of State Policy.

(b) The restrictions must not be arbitrary or of an excessive nature, going beyond the requirement of the interest of the general public.

97.In which case the Supreme Court held that “a restriction is reasonable only when there is a proper balance between the right of the individual and those of the society”.

(a) Express Newspapers v/s Union of India.

(b) Virendra v/s State of Punjab.

(d) None of the above.

98.A restriction is unreasonable, if it is imposed in a manner which violates :

(a) Law of God.

(b) The Principles of natural justice.

. (d) None of the above.

99.The question of reasonableness of restriction should be determined from :

(a) The Substantive(b) Procedural

100.Freedom of the Press guaranteed by the Constitution underArticle :

(a) Article 19.

(b) There is no specific provisions in our constitution guaranteeing the freedom of press.

(d) Freedom of Press has not granted by our Constitution.

101.Freedom of expression means

: (a) Freedom of expression of one’s view only.

(b) Freedom of expression of other views only.

(d) None of the above.

102.Freedom of Press is not an absolute freedom and is subject to the limitations contained in :

(a) Clause (1) of the Article 19

(b) Clause (2) of the Article 19

(d) None of the above

Note : Laws may be passed by State imposing reasonable restrictions on the freedom of the 103.press in the interests of the security of the state, the sovereignty and integrity of India, friendly relations with foreign states, public order, decemcy or morality or for the prevention of contempt of court, đefamation or incitement of an offence.The press in India : (a) Has provided special privileges.

(b) Has no special privileges and it is as same as that of an

104.ordinary Citizens under Article 19(1)(a).

(d) None of the above.

105.The Press, as such, has no special privileges in India. But in view of the guarantee of freedom of expression it would not be legitimate for the state :

(a) To subject the press to laws which take away or abridge the freedom of expression or which would curtail circulation;

(b) To single out the press for laying upon it excessive and prohibitive burdens which would restrict the circulation;

(d) All the above.

106.The Press is not immune from :

(aj The ordinary forms of taxation.

(b) The application of the general laws relating to industrial relations.

(d) All the above.

107.When a proclamation of emergency is made :

(a) Right of freedom became more active.

(b) Right of freedom guaranteed under Article remains suspended.|

(d) None of the above.

108.Article 20 guarantees protection in certain respects against conviction for offences, by prohibiting :

(a) Retrospective criminal legislation,commonly known as expost facto legislation.

(b) Double jeopardy or punishment for the same offence more than once.

(d) All the above.

109.Which among the following is/are true statements :

(a) A legislature shall not be competent to make a criminal law restrospective to provide that a person may be convicted for an act which was not an offence under the law in force at the time of commission of that act.

(b) An accused may be sentenced with a penalty greater than that which might have been inflicted under the law in force.

(d) A legislature can enact prospective as well as restrospective laws.

110.The expression ‘double jeopardy' which means double punishment for the same offence is prohibited by clause (2) of Article 20 is used in :

(a) American Law

(b) Canadian Law

(d) None of the above

111.which read as “No person shall be prosecuted and punished for the same offence more than once' refers to :

(a) Judicial punishment

(b) Punishment by Panchayat

(d) None of the above

112.Article 20(2) does not give immunity from proceedings other than proceedings before a court of law or a judicial tribunal; A Govt. servant who has been punished for an offence in a court of law may yet be subjected to departmental proceedings for the same offence; or conversely - this verdiet was given by Supreme Court in :

(a) Venkataraman v/s Union of India

(b) Maqbool v/s State of Bombay

(d) Kesavanand Bharti v/s State of Kerala

113.Clause (3) Article 20 provides the immunity from self incrimination which refers :

(a) to any objects like medical examination

(b) to any documents like specimen signature

(d) no person can be compelled to furnish any kind of evidence in the nature of a communication

114.The immunity from self-incrimination guaranteed by clause(3) of Article 20 :

(a) does not extend to civil proceedings

(b) can not be claim at general inquiry or investigation on the ground that his statement may at some late stage lead to an accusation

(d) All the above

115. Which among the following Articles deals with the protection of life and personal liberty :

(a) Article 19

(b) Article 21

(d) Article 25

116. Which Article of the Constitution provides protection against arbitrary arrest and detention :

(a) Article 20(b)

(b) Article 22

(d) Article 24

117. In which of the following cases the supreme court held that, if a competent legislature make a law providing that a person may be deprived of his liberty in cērtain circumstances and in a certain manner, the validity of law could not be challenged in a court of law on the ground that the law is unreasonable unfair andunjust :

(a) Menka Gandhi v/s Union of India

(b) Gopalan v/s State of Madras

(d) Indira Sawhney v/s Union of India

118. In Gopalan v/s State of Madras, the majority of our Supreme Court propounded the view that by adopting the expression :

(a) Procedure established by law

(b) Due process of law

(d) None of the above

119. The Supreme Court has delivered a Landmark Judgement in Menka Gandhi v/s Union of India, while interpreting Article 21 which among the following is/are true with thế

Judgement of Menka Gandhi v/s Union of India :

(a) The expression of ‘personal liberty' in Article 21 is of the widest amplitude, covering a variety of rights of which some have been included in Article 19.

(b) A law made by the state which seeks to deprive a person of his personal liberty must prescribe aprocedure for such deprivation which must not be arbitrary, unfair or unreasonable.

(c) A law depriving a person of his liberty, it follows that such law shall be invalid if it violates the principles of natural justice.

(d) All the above.

120. Which among the following is/are true about protection against arbitrary arrest and detention :

(a) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest;

(b) No such person shall be denied the right to consult, and to be defended by, a legal practitioner of his choice;

(c) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of arrest;

(d) All the above.

121. Right of protection against arbitrary arrest and detention are not available to :

(a) an enemy alien;

(b) a person arrested or detained under law providing for preventive detention;

(d) none of the above.

122. The Constitution of India itself authorises the legislature to make laws providing for -

(a) reasons connected with the security of a state/security of India connected with Defence, Foreign Affairs.

(b) maintenance of public order.

(d) All the above mentioned reasons.

123. Under the preventive detentions :

(a) a person should be detained or imprisoned without trial.

(b) trial has to be completed within a month.

(d) even the individual have right of personal liberty.

124. When a person has been arrested under a law of preventive detention?

(a) the government is entitled to detain suchperson in custody only 24 hours.

(b) the government is entitled to detain such person in custody only 15 days.

(d) the government is entitled to obtain such person in custody only 6 months.

124. If a detention is being sought more than 3 months it must :

(a) be tried by the competent court.

(b) obtain a report from an advisory board who will examine the papers submitted by the government and by the accused.

(d) be produced before the High Court of concern state.

125: A person detained under preventive detention :

(a) must have the earliest opportunity of making a representation against the order of detention

(b) have no right of making representation against the order of detention

(d) have a right to make representation aftěr 6 months

126. Preventive detention is a permanent feature in India while in United States or in United Kingdom it is known in :

(a) Peace time

(b) War time only

(d) unknown to U.S.A. and U.K.

127.The Preventive Detention Act, 1950 was passed by the Parliament which constituted the law, of preventive detention was a temporary actexpired in :

(a) 1959

(b) 1969

(d) 1977

128. The framers of our Constitution incorporated the preventive detention:

(a) to save the infant Republic from the inroads ofany such subversive elements

(b) to handle with the freedom fighters

(d) All the above

129. The revival of anarchist forces obliged the parliament to a new act of preventive detention known as Maintenance of Internal Security Act in :

(a) 1969

(b) 1971

(d) 1975

130. The Maintenance of Internal Security Act, 1971 popularly known as MISA was repealed in

(a) 1977

(b) 1978

(d) 1980

181. In 1974, Parliament passed the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (commonly known as COFEPOSA) as an economic adjunct of the MISA with aimed at :

(a) anti-social activities like Smuggling, racketing inforeign exchange and the like

(b) to curb the terrorist activities

{ę) to tackle with the problems of Punjab

(d) to meet with the challenge of terrorist on Pakistan Border,

132. Power of Preventive detention has been further conferred on Central and State Governments tosafeguard defence and security of the Country and to maintain public order, ond essential supplies and services by enacting the :

(a) National Security Act, 1980

(b) Prevention of Black-marketing and Maintaintenance of Essential CommoditiesAct, 1980 Of Supplies

(d) None of the above

| 133. TheLegislative Powers to enact has been granted to:

(a) The Union only

(b) The State only

(d) President of India

133.law of Preventive detention of the Constitution before:

(a) Any Court

(b) District Courts

(d) Supreme Court Or the High Courts

135. Article 23 of the Constitution prohibits :

(a) Slavery

(b) traffic in Women or children

(d) All the above Similar to beggar

136.hazardous employment :

(a) Article 19(b) Article 23

138. What age has been fixed by the Constitution for prohibition of employment in hazardous factories or mines :

(a) Children below 12years

(b) Children below 14 years

(d) Children below 19years

139.. Freedom of conscience and freedom to profess, practice and propage his The Indian citizens "have been granted tỏ .

(b) Aliens andforeigners only

(d) Alien enemy as well aliens/foreigners

140.. Which among th•• "Propagationd aretrue with the word with the provisions of the Child Labour(Prohibition and Regulation) Act providing for compensation employment of their parents/guardian andtheir education

(a) M.C. Mehta v/s Stateof Tamil Nadu – 1991

(b) Bandhua Mukti Morchav/s Union of India – 1997

(d) neither of the above case

141. which Articles of our Constitution reflects the secular state :

(a) Article 25

(b) Article 28

(d) Article 26 141.

142.India, under the Constitution, is a "Secular State" that is state which observes an attitude of :

(a) neutrality and impartially towards all religions

(b) partiality towards a particular religions

(d) partiality towards Hindu religion only

142, which among the following statement srefer to secular nature of the state :

(a) there shall be no 'state religion' in India

(b) state will not compel any citizen to pay any taxes for promotion or maintenance of any particular religion

(d) All the above are the features of the secular state in India

143. Every person in India is guaranteed the freedom of conscience and freedom to :

(a) not to profess, practice and propagate his ownreligion

(b) to profess, practice and propagate his own religion

(d) to profess, practice and propagate only Muslim religion

144. Every person is guaranteed the freedom of conscience and freedom to practice and propagate of his own religion subjects. to the condition,

(a) restriction imposed by the state in the interest of publics |order, morality and health|

(b) to regulate or restrictions made by the state relating to any , económic, financial, political or other secular activity which|-health against public order, moral may be associated with religious practice |-

d) None of the above

145.. The mass of citizens shall no longer have any guaranteed right to compensation if his property isacquired or requisitioned and the Legislature shall have no constitutional obligation to provide for payment of any solatium to the expropriated owner, some exceptions to this general position are allowed by the 44th Amendment in case of acquisition :

a) If the property acquired belongs to an educational institution established and administered by a minority, the Law of acquisition must provide for such compensation as would not abrogate the right of a minority to establish and administer educational institution. If the state chooses to acquire a minority educational institution is must after full market value or adequate compensation

(b) If the state seeks to acquire the land which is personally cultivated by the owner and such land does not exceed the statutory ceiling, the state must pay to such owner full market value of his land

(d) None of the above exceptions were arranged by the constitutional amendment

158. The power of issue writs for the enforcement of the Fundamental Rights is given by the Constitution to the :

(a) Supreme Court under Article 32 only

(b) High Court under Article 226 only

(d) Any Court or tribunals

159. The Fundamental Rights are guaranteed by the Constitution :

(a) against the action of the Executive only

(b) against the action of the legislature only

(d) None of the above

160. A constitutional remedy for the enforcement of the Fundamental Rights included in Part III and the right to bring such proceedings before the Supreme Court is itself a Fundamental Rights guaranteed under Article :

(a) Article 12

(b) Article ! 13

(d) Article 35

161. Which among the following statement is true :

(a) Power of the High Courts to issue writs in wider than that of Supreme Court

(b) Power of the Supreme Court to issue writs is wider than that of High Courts

(d) Supreme Court can issue writs for the redress of any injury even other than fundament rights or illegality owing to contravention of the ordinary law

162. The Supreme Court under Article 32 has the power to issue writs only for the purpose of enforcement of the Fundamental Rights whereas a High Court under Article 226 :

(a) has power to issue writs not only for the purpose of enforcement of fundamental rights but also for the redress of any other injury or illegality owing to contravention of the ordinary law (b) has power to issue writs only when injury or illegality is caused owing to contravention of the ordinary law

(d) None of the above

163. By which writ the court secures the body of a person who has been imprisoned to be brought before itself to obtain knowledge of the reason why he has been imprisoned and to set free if there is no lawful justification for the imprisonment

(a) Writ of habeas corpus

(b) Writ of mandamus

(d) Writ of Certiorari

164. In which of the following circumstances the writ of habeas corpus can not be issued earlier by High Courts or Supreme Court :

(a) To secure the release of a person who has been imprisoned by a court of law on a criminal charge

(b) To interfere with a proceedings for contempt by a court ofrecord or by Parliament

(d) All the above

165. In what circumstances the writ of 'Mandamus' is being issued :

(a) whenever a public officer or a government has done some act which violates the fundamental rights of a person

(b) in a cases where there is an alternative remedy for redress of injury complained of

(d) In all the above circumstances

166. In which case/cases the writ of mandamus Can not be issued:

(a) To enforce the performance of astatutory duty where a public officer has got a power conferredby the constitution Or a Statute

(b) To compel any person to perform his public duty where the duty is imposed by the constitution of astatute or statutory instrument

(d) To direct a public official or Governmentto enforce a law which is unconstitutional

167. The writ of mandamus will not begranted against the following persons :

(a) The President

(b) The Governor

(d) All the above

168. By which writ theSupreme Court or a High Court compel ịnferior Çourts to keep themselves within the limits of their, jurisdiction :

(a) Habeas Corpus

(b) Mandamus

(d) Certiorari

169. The writ of prohibition differs from the writ of mandamus :

(a) While mandamus commands activity, prohibition commands in activity

(b) While mandamus is available not only against judicial authorities but also against administrative authorities, Prohibition is only against judicial or quasi-judicial authorities ,

(c) Where excess ofjurisdiction is apparent on the face of Proceedings, a writ of prohibition be issuedwhile writ of mandamus is issued to direct public official or govt. to

enforce a constitutional or Statutory law

(d) All the above

170. Which of the following pairs of writs have been issued to censure the jurisdiction of an inferior court of Tribunal is properly exercised and that it does not usurp the jurisdiction which it does not possess :

(a) Habeas Corpus & Mandamus

(b) Mandamus &Prohibition

(d) Certiorari & Quo-warranto

171. The conditions necessary for the issue of the writ of certiorari is/are :

(a) There should be a tribunal or officers having legal authority to determine questions affecting rights of Subjects and having duty to act judicially

(b) Such tribunal or officer must have acted without jurisdiction or in excess of legal authority vested in such quasi-judicial authority or in contravention of the rulers of natural justice or there is an error apparent on the face of the record

(c) Where the court is not properly constituted, that is to say, where persons who are not qualified to sit on the tribunal have sat on it and pronounced the decision complained against

(d) In all the above conditions In which writ the court enquires into the legality of the claim 172.which a party asserts to a public office and to puts him from its enjoyment if the claim be not well founded i.e. the public has an interest to see that an unlawful claimant does not usurp a public office :

(a) Quo Warranto

(b) Certiorari

(d) Habeas Corpus

173.Some of the Fundamental Rights are not available to the members of Armed Forces, Police Forces, or Intelligence organisation. Who reserves their right to decide the same:

(a) The Parliament

(b) The President

(d) The President in consultation with the Chief Justice

174.Parliament shall have the power to modify the members of Armed Forces, Police Forces or Intelligence organisation so as:

(a) They are not the citizen of Indian

(b) To ensure proper discharge of their duties and maintenance of discipline among them

(d) They are generally foreigners/aliens

175.The Fundamental Rights guaranteed by the Constitution will remain suspended, while a proclamation of Emergency under Article 352 made by :

(a) President of India

(b) Parliament|

(d) Prime Minister

176.Is there any constitution protection guaranteed against the Executive or Legislative authorities during the operation of proclamation of Emergency ?

(a) No remedy for acts done against citizen during the period of proclamation in violating of rights

(b) Yes there is constitution protection

(d) None of the above

177.Which among the following rights remain intact even during the operation of the proclamation of Emergency ?

(a) Freedom of Speech & Expression

(b) Right to Constitutional Remedy

(d) Right to form an Associations

178.Which among the following rights guaranteed under the Constitution is absolute and does not admit any exception;

(a) Right to freedom ofpress granted under Art. 19(1)(a)

(b) Prohibition of Employment of children below 14years in a hazardous factories or mines guaranteed under Article 24 of the Constitution

(d) No right is absolute under Indian Constitution

179.Under which Article provisions of Fundamental Duties incorporated :

(a) Article 50(b) Article 51

180.In which part the part of Fundamental Duties have been incorporated :

(a) Part III(b) Part IV

181.How many numbers of total Fundamental Duties?

(a) Five(b) Six

182.How the Fundamental Duties are being enforced?

(a) There is no provisions in the Constitution for direct enforcement nor any sanction to prevent their violation

(b) The High Courts have been granted power to enforce the fundamental duties

(d) Any of the court may issue directions for enforcement of fundamental duties

183. To protect the sovereignty,Unity and Integrity of India isthe :

(a) Fundamental Rights of the Citizen

(b) Fundamental Duties of the Citizen

(d) None of the above

184. Which among the following is not the Fundamental Duties :

(a) to abide by the constitution and respect the National Flag and the National Anthem

(b) to defame the country

(d) to develop the scientific temper and spirit of inquiry

185. The Fundamental Duties has been inserted by the :

(a) 24th constitutional amendments

(b) 42nd constitutional amendments

(d) 44th constitutional annendments

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Sunday 21 August 2016

G.K. CONSTITUTION BITS-6

POLITICAL SCIENCE

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