Are you a serious Judicial Services Aspirant?
If yes and you are looking for a dedicated Judicial Services Mentorship program that includes Mains Answer Writing practice and Classes, kindly know our full program details on this webpage. The Best Plan for Judicial Services Preparation
Q.1. Consider the following statements relating to Directive Principles of State Policy:
1. The Directive Principles of State Policy do not impose positive obligations on the State
2. So long as there is no law carrying out the Directives neither the State nor the individual can violate any existing law or right under the colour of following the directives
3.Courts are not competent to compel to Govt. to carry out any Directive Principle
Which of the above statements are correct?
(a) 1, 2 and 3
(b) 1 and 3
(c) 1 and 2
(d) 2 and 3
Q.2. A pamphlet invokes the reader to join a total and violent struggle to bring about a revolution. The author is prosecuted for sedition under Sec. 124-A of I.P.C. The Penal provision and proceeding thereunder are challenged by the author as violative of his fundamental right to freedom of speech and expression. Is the challenge legally tenable?
(a) Yes, because the provision is violative of Article 19 (1)
(b) Yes, because the provision is invalid as it is an old law of British times which ceased to have any effect after 26-1-1950
(c) No, because the provision is valid as it is saved under Article 19 (2). Imposing a reasonable restriction in the interest of public order
(d) No because the provision is valid as it is a reasonable restriction on freedom of speech and expression in the interest of sovereignty and integrity of India
Q.3. Right to life emanates from ___________?
(a) Article 21 and includes the right to die
(b) Article 19 and does not include the right to die
(c) Article 19 and 20 and does include the right to die
(d) Article 21 and does not include the right to die
Q.4. Right to Education is a fundamental right emanating from right to_____________?
(a) Freedom of speech and expression under Article 19 (1) (a)
(b) Culture and education under Article 29 and 30
(c) Life and personal liberty under Article 21
(d) Equality before the law and equal protection of the laws under Article 14
Q.5. Right to freedom of religion cannot be restricted on the ground of _____________?
(a) public order
(b) security of state
(c) health
(d) morality
Q.6. That “no person accused of an offence shall be compelled to be a witness against himself” is a / an__________?
(a) the directive principle which the State should •apply while enacting criminal laws
(b) human right under the Universal Declaration of Human Rights to which India is a party
(c) fundamental right
(d) ordinary constitutional right
Q.7. Which one of the following is included within the definition of ‘State’ as per Article 12 of the Constitution for the purpose of enforcement of fundamental right?
(a) A partnership firm
(b) A company established under the Companies Act
(c) A cooperative society
(d) The life Insurance Corporation of India
Q.8. Reservation of seats in educational institutions in favour of Scheduled Castes and Scheduled Tribes is governed by______?
(a) Article 15 (4) of the Constitution
(b) Article 16 (4) of the Constitution
(c) Article 29 (2) of the Constitution
(d) Article 14 of the Constitution
Q.9. Which one of the following writs can be issued only against the judicial or quasi-judicial authorities?
(a) Mandamus
(b)Heabeas corpus
(c) Certiorari
(d) Quo warranto
Q.10. Double jeopardy means__________________?
(a) trying two persons jointly for the same offence
(b) trying the same person for two offences at two different times
(c) putting the same person on trial twice for the same offence
(d) trying a person for different offences committed by him in one incident
Answers with Explanations
1.Correct Answer: A
Explanation- According to Article 37, the Directive Principles through they are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws, but they are expressly made non-justifiable. They are unenforceable by the court. Hence Option A is correct.
2.Correct Answer: D
Explanation- Clause (2) of Article 19 reasonable restrictions can be imposed on freedom of speech and expressions in the interest of the security of the State. Incitement to an armed revolution ultimately is enough to attract the term “Security of the State”. Hence option D is correct.
3.Correct Answer: D
Explanation- In Gian Kaur v. the State of Punjab (1996) 2 SCC 648 the Supreme Court held that “right to life” under Article 21 of the Constitution does not include “right to die” or “right to be killed”. The court held the Section 309 of 1PC is not violative of Article 21 of the Constitution. Hence Option D is correct.
4.Correct Answer: C
Explanation- In Mohini Jain vs. the State of Karnataka (1922) 3 SCC 645 court has held that the right to education is a fundamental right under Article 21 of the Constitution. The right to education flows directly from the right to life. The right to life under Article 21 cannot be assured unless it is accompanied by the right to education. The constitution (86th Amendment) Act, 2002 has added a new Article 21-A and had made education for all children of the age of 6 to 14 a fundamental right. Hence option C is correct.
5.Correct Answer: B
Explanation- Religious liberty is subject to public order, morality and health. Thus in the name of religion, no act can be done against public order, morality and health. The right to freedom of religion cannot be restricted on the ground of security of the State. Hence Option B is correct.
6.Correct Answer: C
Explanation- Clause (3) of Article 20 provides that no person accused of any offence shall be compelled to be a witness against himself.
This right observed the following essential:
(1) It is a right pertaining to a person who is “accused of an offence”.
(2) It is a protection against “compulsion to be a witness”
(3) It is a protection against such compulsion relating to his giving evidence “against himself “. Hence Option C is correct.
7.Correct Answer: D
Explanation- In Sukhdev Singh vs. Bhagat Rain, the Supreme Court held that the Oil and Natural Gas Commission, Life Insurance Corporation and Industrial Finance Corporation are authorities within the meaning of Article 12 of the Constitution and therefore, they are State. Hence Option D is correct.
8.Correct Answer: A
Explanation- Article 15 (4) is an exception to clause (1) and (2) of Article 15, it was added by Constitution (1st Amendment) Act 1051 as a result of the decision in State’ of Madras v. Champakaran Dorairajan. Under Article 15 (4) the state is empowered to make special provisions for the advancement of any socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled Tribes, Hence Option A is correct.
9.Correct Answer: C
Explanation- A writ of certiorari is issued by a Superior Court to an inferior court or body exercising judicial or quasi-judicial functions to remove a suit from such inferior court or body and adjudicate upon the validity of the proceeding or body exercising Judicial or quasi-Judicial functions. It may be used before the trial to prevent an excess or abuse of jurisdiction and remove the case for trial to the higher court. Hence Option C is correct.
10.Correct Answer: C
Explanation- Article 20 (2) of the Constitution says that no person shall be prosecuted and punished for the same offence more than once. This clause embodies the common law rule of Nemo debet vis vexari which means that no man should be put twice in peril for the same offence. Hence Option C is correct.