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Question 1 of 10
1. Question
1 pointsConsider the following questions:
1. Writ of prohibition can be issued against judicial as well as administrative authorities.
2. The writ ‘Mandamus’ cannot be issued when the duty is discretionary and not mandatory.
3. A Writ of Certiorari has much in common with a Writ of Prohibition.
Which of the statements given above is/are correct?Correct
• Statement 1 is incorrect. The writ ‘Prohibition’ literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity.
• The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals or bodies.
• Statement 2 is correct. It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
• The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in judicial capacity.
• Statement 3 is correct. A Writ of Certiorari has much in common with a Writ of Prohibition. The only difference between the two is, whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction, a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in excess of jurisdiction.Incorrect
• Statement 1 is incorrect. The writ ‘Prohibition’ literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity.
• The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals or bodies.
• Statement 2 is correct. It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
• The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in judicial capacity.
• Statement 3 is correct. A Writ of Certiorari has much in common with a Writ of Prohibition. The only difference between the two is, whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction, a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in excess of jurisdiction. -
Question 2 of 10
2. Question
1 pointsIn which of the following provisions of the Indian Constitution, the ideal of “Economic Equity” is implied?
1. Part IX and X of the Constitution
2. Fundamental Rights
3. Universal Adult Franchise
4. Directive Principles of State Policy
Select the correct answer using the codes given below:Correct
• Directive Principles of State Policy alone ensures that all should have the right to work; at living wages; income inequality should be minimized; women should get equal wages for equal work as men do etc. Hence, the correct answer is B.
• Part IX and X of the Constitution deal with the subject of local government and not with economic equity.
• Fundamental rights ensure opportunities for economic non-discrimination. For e.g. all should be eligible for public employment etc. It does not ensure economic equity/ Universal adult franchise ensures political equality and not economic equity.Incorrect
• Directive Principles of State Policy alone ensures that all should have the right to work; at living wages; income inequality should be minimized; women should get equal wages for equal work as men do etc. Hence, the correct answer is B.
• Part IX and X of the Constitution deal with the subject of local government and not with economic equity.
• Fundamental rights ensure opportunities for economic non-discrimination. For e.g. all should be eligible for public employment etc. It does not ensure economic equity/ Universal adult franchise ensures political equality and not economic equity. -
Question 3 of 10
3. Question
1 pointsConsider the following statements:
1. The declaration of martial law has an ipso facto result in the suspension of the writ of habeas corpus.
2. During the operation of martial law, the military authorities can condemn the civilians to death.
Which of the statements given above is/are correct?Correct
• Statement 1 is incorrect. The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus.
• Statement 2 is correct. During the operation of martial law, the military authorities are vested with abnormal powers to take all necessary steps. They impose restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn them to death.Incorrect
• Statement 1 is incorrect. The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus.
• Statement 2 is correct. During the operation of martial law, the military authorities are vested with abnormal powers to take all necessary steps. They impose restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn them to death. -
Question 4 of 10
4. Question
1 pointsWith reference to the emergency provisions of the Constitution, consider the following statements:
(Article — Provision)
1. Article 358 – It does not automatically suspend any Fundamental Right.
2. Article 359 – It automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared.
3. Articles 358 and 359 – Both are applicable in case of External Emergency as well as Internal Emergency.
How many pairs given above are correctly matched?Correct
• Statement 1 is incorrect. Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared.
• Statement 2 is incorrect. Article 359 does not automatically suspend any Fundamental Right. It only empowers the President to suspend the enforcement of the specified Fundamental Rights.
• Statement 3 is incorrect. Article 358 operates only in case of External Emergency (that is, when the emergency is declared on the grounds of war or external aggression) and not in the case of Internal Emergency (ie, when the Emergency is declared on the ground of armed rebellion). Article 359, on the other hand, operates in case of both External Emergency as well as Internal Emergency.Incorrect
• Statement 1 is incorrect. Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared.
• Statement 2 is incorrect. Article 359 does not automatically suspend any Fundamental Right. It only empowers the President to suspend the enforcement of the specified Fundamental Rights.
• Statement 3 is incorrect. Article 358 operates only in case of External Emergency (that is, when the emergency is declared on the grounds of war or external aggression) and not in the case of Internal Emergency (ie, when the Emergency is declared on the ground of armed rebellion). Article 359, on the other hand, operates in case of both External Emergency as well as Internal Emergency. -
Question 5 of 10
5. Question
1 pointsWhich of the following Fundamental Rights are available to both citizens and foreigners except enemy aliens?
1. Right of minorities to establish and administer educational institutions.
2. Prohibition of employment of children in factories etc.
3. Protection in respect of conviction for offences.
4. Right to elementary education.
Select the correct answer using the code given below:Correct
Statement 1 is incorrect. Under Article 30, the right of minorities to establish and administer educational institutions is provided to only Indian citizens.
• Statements 2, 3 and 4 are correct. Few Fundamental Rights which available to both citizens and foreigners (except enemy aliens) are:
1. Equality before law and equal protection of laws (Article 14).
2. Protection in respect of conviction for offences (Article 20).
3. Protection of life and personal liberty (Article 21)
4. Right to elementary education (Article 21A).
5. Protection against arrest and detention in certain cases (Article 22).
6. Prohibition of traffic in human beings and forced labour (Article 23).
7. Prohibition of employment of children in factories etc., (Article 24).Incorrect
Statement 1 is incorrect. Under Article 30, the right of minorities to establish and administer educational institutions is provided to only Indian citizens.
• Statements 2, 3 and 4 are correct. Few Fundamental Rights which available to both citizens and foreigners (except enemy aliens) are:
1. Equality before law and equal protection of laws (Article 14).
2. Protection in respect of conviction for offences (Article 20).
3. Protection of life and personal liberty (Article 21)
4. Right to elementary education (Article 21A).
5. Protection against arrest and detention in certain cases (Article 22).
6. Prohibition of traffic in human beings and forced labour (Article 23).
7. Prohibition of employment of children in factories etc., (Article 24). -
Question 6 of 10
6. Question
1 pointsRegarding Fundamental Duties, consider the following statements:
1. They are moral duties only.
2. They are expected to be performed by Indian citizens only.
3. No provision has been provided by the Constitution for their direct enforcement by the courts.
Which of the statements given above is/are correct?Correct
Statement 1 is incorrect. Some of the Fundamental Duties are moral duties while others are civic duties. For instance, cherishing noble ideals of freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem is a civic duty.
• Statement 2 is correct. The Fundamental Duties are confined to citizens only and do not extend to foreigners.
• Statement 3 is correct. The fundamental duties are nonjusticiable. The Constitution does not provide for their direct enforcement by the courts. Thus, there is not legal sanction against their violation.Incorrect
Statement 1 is incorrect. Some of the Fundamental Duties are moral duties while others are civic duties. For instance, cherishing noble ideals of freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem is a civic duty.
• Statement 2 is correct. The Fundamental Duties are confined to citizens only and do not extend to foreigners.
• Statement 3 is correct. The fundamental duties are nonjusticiable. The Constitution does not provide for their direct enforcement by the courts. Thus, there is not legal sanction against their violation. -
Question 7 of 10
7. Question
1 pointsWhich of the following is/are part(s) of Article 51A of the Constitution?
1. Respect the National Flag and the National Anthem
2. Duty to pay taxes
3. Safeguard public property and to abjure violence
4. Provide free and compulsory education of all children in the age group of six to fourteen years
Select the correct answer using the code given below:Correct
Article 51 A includes the Fundamental duties provided for the citizens of India. According to this article, it shall be the duty of every citizen of India:
a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
b) to cherish and follow the noble ideals that inspired the national struggle for freedom;
c) to uphold and protect the sovereignty, unity and integrity of India;
d) to defend the country and render national service when called upon to do so;
e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
f) to value and preserve the rich heritage of the country’s composite culture;
g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;
h) to develop scientific temper, humanism and the spirit of inquiry and reform;
i) to safeguard public property and to abjure violence;
j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and
k) to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.Incorrect
Article 51 A includes the Fundamental duties provided for the citizens of India. According to this article, it shall be the duty of every citizen of India:
a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
b) to cherish and follow the noble ideals that inspired the national struggle for freedom;
c) to uphold and protect the sovereignty, unity and integrity of India;
d) to defend the country and render national service when called upon to do so;
e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
f) to value and preserve the rich heritage of the country’s composite culture;
g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;
h) to develop scientific temper, humanism and the spirit of inquiry and reform;
i) to safeguard public property and to abjure violence;
j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and
k) to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002. -
Question 8 of 10
8. Question
1 pointsConsider the following statements:
1. The Directive Principles are included only in Part IV of the Constitution.
2. The promotion of international peace and security is also a part of the Directive Principles of State Policy.
Which of the statements given above is/are correct?Correct
• Statement 1 is incorrect. Apart from the Directives included in Part IV, there are some other Directives contained in other Parts of the Constitution. They are:
1. Claims of SCs and STs to Services
2. Instruction in mother tongue
3. Development of the Hindi Language
• Statement 2 is correct. Although the Constitution does not contain any classification of Directive Principles, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal–intellectual. The principles included in this category represent the ideology of liberalism. They direct the state:
1. To secure for all citizens a uniform civil code throughout the country (Article 44).
2. To provide early childhood care and education for all children until they complete the age of six years (Article 45).
3. To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4. To protect and improve the environment and to safeguard forests and wildlife (Article 48 A).
5. To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance (Article 49).
6. To separate the judiciary from the executive in the public services of the State (Article 50).
7. To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration (Article 51).Incorrect
• Statement 1 is incorrect. Apart from the Directives included in Part IV, there are some other Directives contained in other Parts of the Constitution. They are:
1. Claims of SCs and STs to Services
2. Instruction in mother tongue
3. Development of the Hindi Language
• Statement 2 is correct. Although the Constitution does not contain any classification of Directive Principles, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal–intellectual. The principles included in this category represent the ideology of liberalism. They direct the state:
1. To secure for all citizens a uniform civil code throughout the country (Article 44).
2. To provide early childhood care and education for all children until they complete the age of six years (Article 45).
3. To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4. To protect and improve the environment and to safeguard forests and wildlife (Article 48 A).
5. To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance (Article 49).
6. To separate the judiciary from the executive in the public services of the State (Article 50).
7. To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration (Article 51). -
Question 9 of 10
9. Question
1 pointsConsider the following statements:
1. Supreme Court can issue writs for a wide variety of causes while High Court can issue a writ only for the enforcement of fundamental rights
2. A High Court cannot refuse to exercise its writ jurisdiction.
Which of the above statements is/are correct?Correct
None of them are correct.
The question highlights the difference between writ jurisdiction of High Courts and Supreme Courts. While SC can issue writs only if violation of FR are invovled, HC can issue writs for a wider range on issues. The HC can refuse to exercise its writ jurisdicton but SC cannot.Incorrect
None of them are correct.
The question highlights the difference between writ jurisdiction of High Courts and Supreme Courts. While SC can issue writs only if violation of FR are invovled, HC can issue writs for a wider range on issues. The HC can refuse to exercise its writ jurisdicton but SC cannot. -
Question 10 of 10
10. Question
1 pointsWhich of the following explains the Doctrine of Harmonious Construction?
Correct
Option d is the correct answer.
• Option A is incorrect. The Doctrine of Colourable Legislation means when a legislature does not have the power to make laws on a particular subject directly, it cannot make laws on it indirectly. So, whenever the Union or state encroaches their respective legislative competence and makes such laws, colourable legislation comes into the picture to determine legislative accountability of that law.
• Article 246 which has demarcated the Legislative Competence of the Parliament and the State Legislative Assemblies by outlining the different subjects under Union list, State list and Concurrent list.
• Option B is incorrect. Doctrine of Pith and Substance is applied when legislation made by one of the legislatures is challenged or trespassed by other legislatures. This doctrine says that when there is a question of determining whether a particular law relates to a particular subject the court looks to the substance of the matter. The Doctrine of Pith and Substance is usually applied where the question arises of determining whether a particular law relates to a particular subject (mentioned in Seventh Schedule), the court looks to the substance of the matter.
• Option C is incorrect. The Doctrine of Eclipse states that any law which is inconsistent with fundamental rights is not invalid. The inconsistency (conflict) can be removed by constitutional amendment.
• Doctrine of eclipse is contended in Article 13(1) of the Indian Constitution. Article 13 of the Indian Constitution describes the means for judicial review. It confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
• Option D is correct. The Doctrine of Harmonious Construction is followed when there arises an inconsistency between two or more statutes or sections of a particular statute. A statute is consistent with all the provisions of that statute should be used. Harmonious Construction says that you need to constitute the provision of the constitution in such a way that fundamental rights and DPSP go hand in hand. This is to avoid the situation of conflict while enforcing DPSP and Fundamental rights.Incorrect
Option d is the correct answer.
• Option A is incorrect. The Doctrine of Colourable Legislation means when a legislature does not have the power to make laws on a particular subject directly, it cannot make laws on it indirectly. So, whenever the Union or state encroaches their respective legislative competence and makes such laws, colourable legislation comes into the picture to determine legislative accountability of that law.
• Article 246 which has demarcated the Legislative Competence of the Parliament and the State Legislative Assemblies by outlining the different subjects under Union list, State list and Concurrent list.
• Option B is incorrect. Doctrine of Pith and Substance is applied when legislation made by one of the legislatures is challenged or trespassed by other legislatures. This doctrine says that when there is a question of determining whether a particular law relates to a particular subject the court looks to the substance of the matter. The Doctrine of Pith and Substance is usually applied where the question arises of determining whether a particular law relates to a particular subject (mentioned in Seventh Schedule), the court looks to the substance of the matter.
• Option C is incorrect. The Doctrine of Eclipse states that any law which is inconsistent with fundamental rights is not invalid. The inconsistency (conflict) can be removed by constitutional amendment.
• Doctrine of eclipse is contended in Article 13(1) of the Indian Constitution. Article 13 of the Indian Constitution describes the means for judicial review. It confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
• Option D is correct. The Doctrine of Harmonious Construction is followed when there arises an inconsistency between two or more statutes or sections of a particular statute. A statute is consistent with all the provisions of that statute should be used. Harmonious Construction says that you need to constitute the provision of the constitution in such a way that fundamental rights and DPSP go hand in hand. This is to avoid the situation of conflict while enforcing DPSP and Fundamental rights.
Leaderboard: 1st Mar 2023 | Nikaalo Prelims- Mini Test -1 (Fundamental Rights and DPSP, Fundamental Duties)
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