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Q.1. Match List-I with List-II and select the correct answer from the codes given below the Lists:
List-I
(A) Right to live with human dignity, enshrined in Article 21, derives its life breath from Directive Principles of State Policy, particularly clauses (e) and (f) of Art. 39, 41 and 42
(B) Speedy trial is an essential ingredient of just fair and reasonable procedure guaranteed by Art. 21
(C) Even in the public interest litigation, a total stranger to the trial cannot be permitted to question the correctness of the conviction of the accused.
(D) In case of helplessness of disability any member of the public can maintain an application for an appropriate order, direction or write if there has been a violation of the constitutional right
List-II
1. Bhagawati J. in Bandhua Mukti Morcha v. Union of India.
2. Krishna Iyer J. in Husain Ara Khatoon v, State of Bihar
3. Ahmadi J. In Simranjit Singh Mann v. Union of India
4. Bhagwati J. in S.P Gupta v. Union of India
Correct matching will be as following:
Codes:
A B C D
(a) 2 4 3 1
(b) 2 4 1 3
(c) 1 2 3 4
(d) 1 2 4 3
Q.2. The press has no fundamental right to publish the proceeding of the legislature because____?
(a) The freedom of the press is not a fundamental right
(b) The press publishes for profit
(c) Each house of the legislature is the exclusive master of its proceeding
(d) A house of the legislature is a court and can regulate access to its proceedings
Q.3. Consider the following statements:
The fundamental duties provided in the constitution are
1. to protect the sovereignty unity and integrity India
2. to safeguard private property
3. to protect and improve the natural environment including forests lakes, river and wildlife
Of these statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 and 3 are correct
Q.4. Assertion (A): In Minerva Mills v. Union of India AIR 31 C as amended by the Constitution (forty second Amendment) Act, 1976 was held invalid.
Reason (R): The amendment of Art. 31C destroy the basic structure of the Constitution.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.5. Assertion (A): The Directive Principles are relevant for determining the reasonableness of restriction under Art 19.
Reason (R): The Directive Principles have been declared superior to fundamental rights.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.6. Assertion (A): A Habes corpus writ petition dismissed by the Supreme Court can be admitted by the High Court under Art. 226 of the Constitution
Reason (R): In exercising writ jurisdiction the power of the Supreme Court and High Court re concurrent.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.7. Assertion (A): The Supreme Court is a court of record.
Reason (R): It delivers judgements in open court.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.8. Assertion (A): In federalism, there is a division of powers between the Centre and the States.
Reason (R): The legislation is not valid merely because it incidentally encroaches on matters which have been assigned to another legislature.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.9. Article 141 of the constitution lays down that the law declared by Supreme Court shall be binding on all courts within the territory of India. Therefore, the Supreme Court_______?
(a) is bound by its earlier decisions as to the expression “all-court” includes Supreme Court also
(b) is not bound by its own decisions and may reverse a previous decision
(c) can reverse a previous decision only when new legislation is enacted having the effect of abrogating decision
(d) can reverse a previous decision only when that previous decision was given as a result of overlooking another previous decision
Q.10. Under Articles 368, Parliament has no power to repeal Fundamental Rights because these are________?
(a) enshrined in part III of the Constitution
(b) human rights
(c) transcendental rights
(d) part of the basic structure of the essential framework of the Constitution
Answers with Explanations
1. Correct Answer: B
Explanation- Correct matches are given below:
List-I
The right to live with human dignity, enshrined in Article-21, derives its life breath from Directive Principles of State policy, particularly clauses (e) and (f) of Article-39, 41 and 42.
Speedy trial is an essential ingredient of just, fair and reasonable procedure guaranteed by Article-21
Even in the public interest litigation, a total stranger to the trial cannot be permitted to question the correctness of the conviction of the accused
In case of helplessness of disability, any member of the public can maintain an application for an appropriate order, direction or write if there has been a violation of a constitutional right
List-II
Krishna Iyer J. In Husain Ara khatoon J, State of Bihar.
Bhagwati J. in S.P. Gupta v. Union of India
Bhagawati J. in Bandhwa Mukti Morcha v. Union of India
Ahmadi J. in Simranjit Singh Mann. v. Union of India
Hence Option B is correct.
2. Correct Answer: C
Explanation- Under Article 105 (2) Parliament has a right of publication of its proceedings. So the press has no fundamental right to publish the proceedings of the Parliament because each house of the legislature is the exclusive master of its proceedings. Hence Option C is correct.
3. Correct Answer: D
Explanation- According to Article 51-A Clause (c) it shall be the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India Clause (g) of the same article is related to the environment, to protect and improve the natural environment including forests, lake rivers and wildlife and to have compassion for living creatures. There is no fundamental duty to safeguard private property. Hence Option D is correct.
4. Correct Answer: A
Explanation- Both ‘A’ and ‘R are true and ‘R’ is the correct explanation of ‘A’. Because in Minerva mills v. Union of India (AIR 1980 SC, 1789) the Supreme Court strike, down Art 31- C as amended by 42nd amendment; unconstitutional on the ground that it destroys “basic feature” of the Constitution.
The Court held that Art. 31C was beyond the amendment power of the Parliament and was destroyed the basic features of the Constitution by a total exclusion challenge to any law on the ground that it is inconsistent with or took away or abridged any of rights conferred by Article 14 or 19 of the Constitution. Hence Option A is correct.
5. Correct Answer: C
Explanation- Here ‘A’ is true but `R’ is false because it is true Directive Principles are relevant to consider what reasonable restrictions under Article19 is A restriction that promotes any objective embodied in the Directive Principles is usually considered reasonable by a court law.
`R is false because the fundamental right and directive principles are supplementary and complementary to each other and the provisions in Part III should interpreted having regard to the preamble and Directive Principles of state policy. Hence Option C is correct.
6. Correct Answer: D
Explanation- ‘A’ is false but ‘R’ is true because in a violation of a fundamental right a party is free to approach either of the two courts, Thus in issuing writs on enforcement of fundamental rights the Supreme Court and High Court Concurrent jurisdiction. If Supreme Court dismissed the writ petition that cannot be admitted under Art. 226. Hence Option D is correct.
7. Correct Answer: B
Explanation- Both ‘A’ and ‘R’ are correct but ‘R’ is not a correct explanation of ‘A’. Article 129 makes the Supreme Court a Court of Record and confers all the powers of such a Court including the power to punish for its contempt. A Court of Record is a court whose records are admitted to be of evidentiary value and they are not to be questioned when they are produced before the court. It is also true that generally, Supreme Court delivers its judgements in open court but this is not an essential ingredient to be a court of record. Hence Option B is correct.
8. Correct Answer: B
Explanation- Here Both ‘A’ and ‘R’ are true but ‘R’ is not a correct explanation of ‘A’. Because of federal constitution usually has the following essential characteristics
(1) Distribution of powers
(2) Supremacy of constitution
(3) A written constitution
(4) Rigidity
(5) Authority of court
‘R’ is also true but it does not correctly explain ‘A’ because it is not an essential of federalism.
Hence Option B is correct.
9. Correct Answer: B
Explanation- The expression “all courts within the territory of India ” clearly means courts other than the Supreme Court. Thus, the Supreme Court is not bound by its own decisions and may in a proper case reverse its previous decisions. Hence Option B is correct.
10. Correct Answer: D
Explanation- In Keshavnand Bharti v. Union of India, the court held that under Article 368 Parliament is not empowered to amend the basic structure or framework of the Constitution. Parliament has wide powers of amending the constitution and it extends to all the Articles, but the amending power is not unlimited and does not include the power to destroy or abrogate the basic, feature or framework of the Constitution. Hence Option is correct.