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Prelims-IAS –POLITY MCQ Ans-27

1.. With reference to the Fundamental Rights, consider the following statements:

  1. Fundamental Rights are guaranteed against the actions of the Executive but not that of Legislature.
  2. Courts can enforce the Fundamental Rights against the government but not against the private individuals and bodies.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only

(c) Both 1 and 2
(d) Neither 1 nor 2
  • Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government.
  • There can be no law or action that violates the Fundamental Rights.
  • If any act of the Legislature or the Executive takes away or limits any of the Fundamental Rights it will be invalid.
  • Courts also enforce the Fundamental Rights against private individuals and bodies.
  • The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights.
  • They can also award compensation to the victims and punishment to the violators. 
  • Ans-D

2..With reference to Fundamental Duties and Fundamental Rights, consider the following statements:

  1. Like Fundamental Rights, certain duties are applicable to foreigners also.
  2. Like Fundamental Rights, Supreme Court can issue writs for enforcement of Fundamental Duties.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

  • Fundamental Duties are only confined to the citizens and do not extend to the foreigners.
  • The Supreme Court under Article 32 has the power to issue directions or orders or writs for the enforcement of Fundamental Rights only.
  • Ans-D

3…Consider the following statements regarding Lokpal:

  1. It is an anti-corruption ombudsman at the Central level.
  2. Lokpal can award fine for false or frivolous complaints.
  3. It covers all categories of public servants, including the Prime Minister.

Which of the statements given above is/are correct?

(a)  1 and 3 only
(b)  1 only
(c)  2 and 3 only
(d)  1, 2 and 3
  • The Lokpal Act allows setting up of anti-corruption ombudsman called Lokpal at the Centre and Lokayukta at the State-level.
  • The Lokpal will consist of a chairperson and a maximum of eight members.
  • The Lokpal will cover all categories of public servants, including the Prime Minister.
  • But the armed forces do not come under the ambit of Lokpal.
  • The Act also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while the prosecution is pending.
  • The States will have to institute Lokayukta within one year of the commencement of the Act.
  • It has been made mandatory for public servants to declare their assets and liabilities along with that of their spouse and dependent children.
  • The Act also ensures that public servants who act as whistleblowers are protected.
  • A separate Whistle Blowers Protection Act was passed for this purpose.
  • The Lokpal will have the power of superintendence and direction over any investigation agency including CBI for cases referred to them by the ombudsman.
  • As per the Act, the Lokpal can summon or question any public servant if there exists a prima facie case against the person, even before an investigation agency (such as vigilance or CBI) has begun the probe.
  • Any officer of the CBI investigating a case referred to it by the Lokpal, shall not be transferred without the approval of the Lokpal.
  • An investigation must be completed within six months. However, the Lokpal or Lokayukta may allow extensions of six months at a time provided the reasons for the need of such extensions are given in writing.
    • The Lokpal can award fine up to Rs. 2 lakh for false, frivolous or vexatious complaints.
    • Ans-D

4.. Which of the following statements is not correct with respect to Pitts India Act of 1784?

  1. It distinguished between the commercial and political functions of the Company.
  2. It provided for the establishment of a Supreme Court at Calcutta.
  3. It created a new body called Board of Control.
  4. The territories in India were for the first time called the ‘British possessions in India’.

Features of the Pitts India Act, 1784:

  It distinguished between the commercial and political functions of the Company.

  It allowed the Court of Directors to manage the commercial affairs but created a new body called Board of Control to manage the political affairs. Thus, it established a system of double government.

  It empowered the Board of Control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India.

  • Thus, the act was significant for two reasons:
  • first, the Company‘s territories in India were for the first time called the British possessions in India‘; and
  • second, the British Government was given the supreme control over Company‘s affairs and its administration in India.
  • The Regulating Act of 1773 provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges. 
  • Ans-B

5..Which of the following terms feature in the Preamble to Indian Constitution?

1. Secular
2. Fraternity
3. Communism
4. Equality
5. Inclusive
Select the correct answer using the code given below.
(a)  1 and 2 only
(b)  3, 4 and 5 only
(c)  1, 2 and 4 only
(d)  1, 2, 4 and 5 only

Preamble to Indian Constitution:

  ―We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

  JUSTICE, Social, Economic and Political;

  LIBERTY of thought, expression, belief, faith and worship;

  EQUALITY of status and of opportunity; and to promote among them all;

  FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

  IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

  • Ans-C

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