Under the Constitution of India which of the following is NOT Fundamental Duty?
Correct Answer:
(A)
To vote in General Election
On the recommendations of Swaran Singh committee (1976), the government has enacted the 42nd Constitutional Amendment 1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of one article that is 51A, which contains 11 Fundamental Duties for the citizens. All the options are correct except option (a). To vote in General Election is not a Fundamental Duties.
Ques:
112
Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?
A legislative process has been provided to enforce these duties.
They are correlative to legal duties.
Select the correct answer using the code given below:
Correct Answer:
(D)
Neither 1 nor 2
The 'Fundamental Duties' were added as Article 51-A (Part IV -A ) in the Indian Constitution by the 42nd Amendment Act, 1976 on the recommendation of Swaran Singh Committee. Fundamental duties are non-justiciable in nature as there is no legal sanction behind them. These duties are not enforceable in the court. Thus, statement (1) is incorrect. Besides, Fundamental Duties are not correlative with legal duties. Therefore, statement 2 is also wrong.
Ques:
113
Which one of the following statements is correct?
Correct Answer:
(C)
Rights are claims of the citizens against the State.
Rights are essential for the complete development of human beings. The importance of rights has expanded immensely and has given birth to the concepts of 'fundamental rights' 'human rights' etc. Rights impose restrictions on the powers of the state. These are a guarantee against state action. Thus, rights are claims of the citizens against the state.
Ques:
114
Which of the following is given the power to enforce the Fundamental Rights by the Constitution?
Correct Answer:
(D)
The Supreme Court and High Courts
Article 13 of the Constitution grants power of Judicial Review to the Supreme Court, and High Courts in the case of violation of the Fundamental Rights, The Supreme Court (Art.32) and High Court (Art.226) in exercising their power may declare any law or enactment passed by the Legislature, void or unconstitutional, on ground of contravention to the Fundamental Rights.
Ques:
115
‘Fundamental Rights’ are:
Correct Answer:
(A)
Justifiable
The fundamental rights are enforceable by the Courts, subjected to certain restrictions.
Ques:
116
Who among the following person said for the Fundamental Rights "a pledge to our people and a pact with the civilized world"?
Correct Answer:
(D)
Dr. S. Radha Krishnan
In the words of our 'philosopher king', Dr. S. Radhakrishnan, the Fundamental Rights are 'a pledge to our people and a pact with the civilized world'. And as the great jurist, Patanjali Sastry, the former Chief Justice of our Supreme Court said: "The whole object of Part III of the Constitution is to provide protection for the freedoms and rights mentioned therein against arbitrary invasion by the state".
Ques:
117
The rights are called Fundamental Rights because
i. It is written in the Constitution.
ii. It is democratic.
iii. It is public welfare.
iv. It is essential for personality development.
v. Parliament can't make law against it.
Codes:
Correct Answer:
(C)
i, iv, v
The Fundamental Rights are written in the Constitution. They are essential for personality development. Parliament can't make laws against them since they are a part of basic structure of the Constitution.
Ques:
118
Fundamental Rights –
Correct Answer:
(D)
Can be suspended during Emergency
The fundamental rights are natural and non-transferable rights. Fundamental rights can only be suspended during emergency for which provision has been given under Art.358 and 359 of the Constitution. Fundamental rights under Article 20 and 21 can never be suspended.
Ques:
119
What is meant by 'Rule of Law'?
Correct Answer:
(A)
One act for all and one judiciary for all
The 'Rule of Law' implies that the creation of laws, their enforcement and the relationship among legal rulers are themselves legally regulated, so that no one including the most highly placed official is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related nation is the idea of equality before the law, which holds that no legal person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions.
Ques:
120
Which of the following are regarded as the main features of the "Rule of Law"?
1. Limitation of powers
2. Equality before law
3. People's responsibility to the government
4. Liberty and civil rights
Select the correct answer using the code given below :
Correct Answer:
(C)
1, 2 and 4 only
Rule of law propounded by A.V. Dicey a British Jurist. His concept has the following three elements :
(a) Limitation of powers i.e. absence of arbitrary power. No man can be punished except for a breach of law.
(b) Equality before law i.e. equal subjection of all citizens to the ordinary law of the land, administered by ordinary law courts.
(c) Liberty and civil rights i.e. the Primacy of the rights of the individuals. The Constitution is the result of the rights of the individual as defi ned and enforced by the courts. Hence option
(c) becomes the most appropriate answer.