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#1. Consider the following statements regarding citizenship in India: 1. Children of Foreign delegates born in India get Indian citizenship. 2. A child born in 2018 outside India will get Indian citizenship automatically by descent if both its parents are Indians. Which of the above statements are correct? ? Solution (d)
Citizenship in India
The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent, registration, naturalisation and incorporation of territory:
1. By Birth- A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.
A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.
Further, those born in India on or after 3rd December 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.
The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.
2. By Descent- A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.
From 3rd December 2004 onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period. An application, for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.
#2. Which of the following statements are correct regarding Fundamental Rights? 1. They are negative in character i.e. they put restriction on authority. 2. Aggrieved can directly go to Supreme Court if these rights are violated 3. FRs can’t be amended by the Parliament. Select the code from following: ? Solution (d)
FEATURES OF FUNDAMENTAL RIGHTS
The Fundamental Rights guaranteed by the Constitution are characterised by the following:
1. Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
2. They are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the courts. Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control.
3. Most of them are available against the arbitrary action of the State, with a few exceptions like those against the State’s action and against the action of private individuals. When the rights that are available against the State’s action only are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies.
4. Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.
5. They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
6. They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can
directly go to the Supreme Court, not necessarily by way of appeal against the judgement of the high courts.
7. They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the ‘basic structure’ of the Constitution.
8. They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).
9. Their scope of operation is limited by Article 31A (saving of laws providing for acquisition of estates, etc.), Article 31B (validation of certain acts and regulations included in the 9th
Schedule) and Article 31C (saving of laws giving effect to certain directive principles).
10. Their application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
11. Their application can be restricted while martial law is in force in any area. Martial law means ‘military rule’ imposed under abnormal circumstances to restore order (Article 34). It is different from the imposition of national emergency.
12. Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained (Article 35).
#3. Which of the following Fundamental Rights are available only to Indian Citizens? 1. Equal opportunity in Public employment. 2. No discrimination on the ground of religion, race, caste, sex or place of birth. 3. Protection of language and script 4. Right to establish and administer educational institutions. Select the code from below: ? Solution (d)
FR available only to citizens and not to foreigners
· Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
· Equality of opportunity in matters of public employment (Article 16).
· Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19).
· Protection of language, script and culture of minorities (Article 29).
· Right of minorities to establish and administer educational institutions (Article 30).
#4. Article 17 of the Constitution abolished ‘Untouchability’. Which of the following statements regarding article 17 is/are correct? 1. It clearly defines the practice of Untouchability. 2. It does not include social boycott of certain individuals or their exclusion from religious ceremonies. Select the code from below: ? Solution (b)
Article 17 abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.
In 1976, the Untouchability (Offences) Act, 1955 has been comprehensively amended and renamed as the Protection of Civil Rights Act, 1955 to enlarge the scope and make penal provisions more stringent.
The term ‘untouchability’ has not been defined either in the Constitution or in the Act. However, the Mysore High Court held that the subject matter of Article 17 is not untouchability in its literal or grammatical sense but the ‘practice as it had developed historically in the country’. It refers to the social disabilities imposed on certain classes of persons by reason of their birth in certain cases. Hence, it does not cover social boycott of a few individuals or their exclusion from religious services, etc.
The act declares the following acts as offences:
(a) Preventing any person from entering any place of public worship or from worshipping therein;
(b) Justifying untouchability on traditional, religious, philosophical or other grounds;
(c) Denying access to any shop, hotel or places of public entertainment;
(d) Insulting a person belonging to scheduled caste on the ground of untouchability;
(e) Refusing to admit persons in hospitals, educational institutions or hostels established for public benefit;
(f) Preaching untouchability directly or indirectly; and
(g) Refusing to sell goods or render services to any person.
The Supreme Court held that the right under Article 17 is available against private individuals and it is the constitutional obligation of the State to take necessary action to ensure that this right is not violated.
#5. Indian Constitution has given the citizens Right to Assembly. Which of the statements are correct regarding that? 1. Every citizen has right to assemble peacefully and without arms. 2. Citizens have right to hold public meetings, demonstrations and take out processions. 3. It includes the right to strike. Select the code from the following: ? Solution (a)
Freedom of Assembly
Every citizen has the right to assemble peaceably and without arms. It includes the right to hold public meetings, demonstrations and take out processions. This freedom can be exercised only on public land and the assembly must be peaceful and unarmed. This provision does not protect violent, disorderly, riotous assemblies, or one that causes breach of public peace or one that involves arms. This right does not include the right to strike.
The State can impose reasonable restrictions on the exercise of right of assembly on two grounds, namely, sovereignty and integrity of India and public order including the maintenance of traffic in the area concerned.
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