Given below are two statements, one is labelled as Assertion (A) and the other as Reason(R).
Assertion (A) : Article 30 of the Constitution of India does not define the term' minorities.
Reason (R) : The Constitution recognises only linguistic and religious minorities.
Select the correct answer from the codes given below:
Codes :
(A) and (R) are true and (R) is the correct explanation of
(A).
Correct Answer:
(B)
.
Article 30 of the Indian Constitution provides for the right of minorities to establish and administer educational institutions. All minorities, whether based on religion or language, shall have the right to establish and administer educational institution of their choice [Article 30(1)]. According to article 30(2), the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. So, it is clear that 'Minority' is not defined in this article. Hence, both the statements are correct but, Reason (R) is not the correct explanation of Assertion (A).
Ques:
132
Consider the following statements –
Article 301 is related to Right to Property.
Right to Property is a legal right but not a Fundamental Right.
Article 300-A was inserted in Indian Constitution by 44th Amendment during the period of Congress Government.
Which of aforesaid statements is/are correct?
Correct Answer:
(A)
Only 2
Article 301 is related to freedom of trade, commerce and intercourse, and not with right to property. Right to property was a fundamental right under Article 19(1)(f), but by the 44thAmendment 1978, this Clause [19(1)(f)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of Janta Party Government. After that amendment, right to property became legal right and ceased to be a fundamental right. Thus, only statement 2 is correct.
Ques:
133
Which of the following rights can be enforced under Article 32 of the Indian Constitution?
Correct Answer:
(B)
Fundamental Rights
Article 32 of the Constitution provides constitutional remedies against the violation or transgression of fundamental rights, conferred by Part III. The Supreme Court shall have the power to issue directions or orders or writs, including writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part-III. That is why the Supreme Court has been called as the Guardian of Fundamental Rights.
Ques:
134
The Guardian of Fundamental Rights is
Correct Answer:
(A)
Judiciary
The Constitution of India has assigned Judiciary i.e. the Supreme Court of India and the High Courts, the responsibility of the protection of fundamental rights. The most significant of fundamental rights is the exclusive right to the constitutional remedies under Art. 32 and 226 of the Constitution of India. Thus, the Guardian of fundamental rights is Judiciary.
Ques:
135
Which one of the following statements is not correct?
Correct Answer:
(D)
The President of India is the Guardian of Fundamental Rights under the Constitution.
Ques:
136
Which one of the following is regarded as the protector of fundamental rights of citizens and Guardian of the Constitution of India?
Correct Answer:
(C)
The Supreme Court
The Supreme Court of India is the protector of fundamental rights of citizens and Guardian of the Constitution of India because through right to constitutional remedies (Art. 32), it protects the fundamental rights of citizens. Besides, it interprets as well as enforce the provisions of the Constitution.
Ques:
137
Which one of the following rights was described by Dr. B.R. Ambedkar as the ‘Heart and Soul of the Constitution’?
Correct Answer:
(D)
Right to Constitutional Remedies
Dr. Bhimrao Ramji Ambedkar described Article 32 as the Heart and Soul of the Indian Constitution. In his words- “If I was asked to name any particular Article in this Constitution as the most important, an Article without which the Constitution would be a nullity, I could not refer to any other Article except this one (Article 32). It is the very soul of the Constitution and the heart of it.” It is also notable that on various occasions the Preamble to the Constitution is also recognized as the Soul of the Constitution, but according to Dr. Ambedkar Article 32 is Heart and soul of the Constitution.
Ques:
138
Which one of the following writs can be issued by a High Court to secure the liberty of the individual?
Correct Answer:
(C)
Habeas Corpus
Article 226 of the Indian Constitution provides for the power of the High Courts to issue certain writs. To secure liberty of the individual, the High Court can issue the writ of Habeas Corpus. The writ is issued by the Court whose object is to secure the release of a person found to be detained illegally and secure the liberty of the individual. The Supreme Court also has the power to issue writs under Article 32 of Indian Constitution for the rights enumerated in Part III of the Constitution, i.e., Fundamental Right whereas High Court can issue writs related to legal rights also.
Fundamental Rights
Ques:
139
Which of the following provisions in the Constitution of India are associated with Affirmative Action?
1. Article 15
2. Article 16
3. Article 21
Select the correct answer using the code given below:
Correct Answer:
(C)
3 only
Article 15 of the Indian Constitution prohibits discrimination on the basis of religion, race, caste, sex, or place of birth, but it also includes a clause that allows the state to make special provisions for the advancement of socially and educationally backward classes, which is considered a key aspect of affirmative action.
Ques:
140
Consider the following statements:
No one can be compelled to sing the National Anthem since –
1. It will be violation of the Right to Freedom of Speech and Expression
2. It will be violation of the Right to Freedom of Conscience and Practice and Propagation of Religion
3. There is no legal provision obliging anyone to sing the National Anthem
In these statements –
Correct Answer:
(C)
1, 2 and 3 are correct
The Supreme Court overruled the decision of High Court pronounced in the case of Bijoe Emmanuel vs. State of Kerala. The court held that the expelling the children based on their “conscientiously held religious faith” violated the Constitution of India as enshrined in Article 19(1)(a) and 25(1). The court said that “No provision of law obliges anyone to sing the National Anthem.