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Prelims-IAS –POLITY MCQ Ans-32

1..Directive Principles of State Policy provides for

  1. the goals and objectives that a society should adopt.
  2. the rights that individuals should enjoy apart from the Fundamental Rights.
  3. the policies that the government should adopt.

Select the correct answer using the code given below.

(a)  1 and 3 only
(b)  1 and 2 only
(c)  2 and 3 only

(d)  1, 2 and 3

The part IV of the constitution on Directive Principles provides for:

  • the goals and objectives that we as a society should adopt.
  • certain rights that individuals should enjoy apart from the Fundamental Rights.
  • certain policies that the government should adopt.

Ans-D


2..Which among the following correctly describes the writ of Certiorari?

(a)  The court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.
(b)  The higher court (High Court or Supreme Court) orders a lower court as when a case goes beyond its jurisdiction.
(c)  The court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.

(d)  The court orders that the arrested person should be presented before it.

  • The courts can issue various special orders known as writs.
  Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
  Mandamus: This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.
  Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.
  Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an office holder.
  Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.
  • Ans-A

3.. Which of the following are correct in the context of rights in a democracy?

Rights are necessary for the sustenance of a democracy.Rights protect minorities from the oppression of majority.Rights are reasonable claims of persons recognised by society.Select the correct answer using the code given below.
(a)  1 and 2 only
(b)  1 and 3 only
(c)  2 and 3 only
(d)  1, 2 and 3
  • Rights are necessary for the very sustenance of a democracy. In a democracy every citizen has to have the right to vote and the right to be elected to government. For democratic elections to take place, it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities. 
  • Rights protect minorities from the oppression of majority. They ensure that the majority cannot do whatever it likes. Rights are guarantees which can be used when things go wrong. Things may go wrong when some citizens may wish to take away the rights of others. This usually happens when those in majority want to dominate those in minority. The government should protect the citizens‘ rights in such a situation. But sometimes elected governments may not protect or may even attack the rights of their own citizens. That is why some rights need to be placed higher than the government, so that the government cannot violate them. In most democracies the basic rights of the citizen are written down in the constitution. 
  • Right has to be recognised by the society we live in. Rights acquire meaning only in society. Every society makes certain rules to regulate our conduct. They tell us what is right and what is wrong. What is recognised by the society as rightful becomes the basis of rights. That is why the notion of rights changes from time to time and society to society. Two hundred years ago anyone who said that women should have right to vote would have sounded strange. Today not granting them vote in Saudi Arabia appears strange. 
  • Ans-D

4.. Right to freedom of speech and expression includes which of the following?

  1. Right to strike 
  2. Right against pre-censorship of newspaper
  3. Right to freedom of silence

Select the correct answer using the code given below.

(a)  1, 2 and 3
(b)  1 and 3 only
(c)  2 and 3 only
(d)  2 only

 

Freedom of Speech and Expression (Article 19(a)): It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner. The Supreme Court held that the freedom of speech and expression includes the following:

  • Right to propagate one‘s views as well as views of others.
    • Freedom of the press.
    • Freedom of commercial advertisements.
    • Right against tapping of telephonic conversation.
    • Right to telecast, that is, government has no monopoly on electronic media.
    • Right against bundh called by a political party or organisation.
    • Right to know about government activities.
    • Freedom of silence. (3 is correct)
    • Right against imposition of pre-censorship on a newspaper. (2 is correct)
    • Right to demonstration or picketing but not right to strike. (1 is not correct)
    • Ans-C

5.. Equality before Law and Equal Protection of Laws under Article 14 of the Indian Constitution ensure(s) which of the following?

  1. Absence of special privileges for any person.
  2. Reasonable classification of persons.
  3. Equality of treatment under equal circumstances

Select the correct answer using the code given below.

 
(a) 1 only
(b) 1 and 2 only
(c) 1, 2 and 3
(d) 2 and 3 only
  • Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
  • This provision confers rights on all persons whether citizens or foreigners.
  • The concept of equality before law‘ is of British origin while the concept of equal protection of Laws‘ has been taken from the American Constitution.
  • The first concept connotes:

  the absence of any special privileges in favour of any person,

  the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts,and

  no person (whether rich or poor, high or low, official or non-official) is above the law.The second concept, on the other hand, connotes:

  the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws,

  the similar application of the same laws to all persons who are similarly situated, and

  the like should be treated alike without any discrimination. Thus, the former is a negative concept while the latter is a positive concept. However, both of them aim at establishing equality of legal status, opportunity and justice.

  • The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply.
  • While Article 14 forbids class legislation, it permits reasonable classification of persons, objects and transactions by the law.
  • But the classification should not be arbitrary, artificial or evasive.
  • Rather, it should be based on an intelligible differential and substantial distinction.
  • Ans-C

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