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Prelims-IAS –POLITY MCQ Ans-38

1..The Indian Constitution ensures

  1. Individual Freedom
  2. Social Justice
  3. Community Based Rights

Select the correct answer using the code given below.

(a)  1 and 2 only
(b)  2 and 3 only
(c)  1 and 3 only
(d)  1, 2 and 3
  • Core features of Indian Constitution are:
  Constitution reinforces and reinvents forms of liberal individualism. This is an important achievement because this is done in the backdrop of a society where community values are often indifferent or hostile to individual autonomy.
  Constitution upholds the principle of social justice without compromising on individual liberties. The constitutional commitment to caste-based affirmative action programme shows how much ahead India was compared to other nations.
  Against the background of inter-communal strife, the Constitution upholds its commitment to group rights (the right to the expression of cultural particularity). Unlike Germany or France we have several linguistic and religious communities. It was important to ensure that no one community systematically dominates others. This made it mandatory for our Constitution to recognise community based rights.
  • ANS-D

2..Consider the following statements with regard to NITI Aayog:

  1. It is a constitutional body.
  2. It does not have the power of allocating central funds to States.
  3. The Prime Minister is the chairman of NITI Aayog.

Which of the statements given above is/are correct?

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

  The National Institution for Transforming India, also called NITI Aayog, was formed via a resolution of the Union Cabinet on January 1, 2015. NITI Aayog is the premier policy ‘Think Tank’ of the Government of India, providing both directional and policy inputs. While designing strategic and long term policies and programmes for the Government of India, NITI Aayog also provides relevant technical advice to the Centre and States.

  The Government of India, in keeping with its reform agenda, constituted the NITI Aayog to replace the Planning Commission instituted in 1950. This was done in order to better serve the needs and aspirations of the people of India.

  An important evolutionary change from the past, NITI Aayog acts as the quintessential platform of the Government of India to bring States to act together in national interest, and thereby fosters Cooperative Federalism.

  The Prime Minister is the Chairman of NITI Aayog.

  The NITI Aayog does not have the power of allocating central funds to States. This will now be done by the finance ministry.

  • ANS-D

3..Which of the following may result in loss of citizenship of an Indian citizen?

  1. If the citizen voluntarily acquires citizenship of another country.
  2. If the citizen has been ordinarily resident out of India for seven years continuously.
  3. If the citizen has shown disloyalty to the Constitution of India.

Select the correct answer using the code given below.

(a)  1 only
(b)  1 and 2 only
(c)  2 and 3 only
(d)  1, 2 and 3
  • The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation:
  • When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates.
  • This provision, however, does not apply during a war in which India is engaged.
  • Deprivation is a compulsory termination of Indian citizenship by the Central government, if:
  • the citizen has obtained the citizenship by fraud:
  • the citizen has shown disloyalty to the Constitution of India: Hence, statement 3 is correct.
  • the citizen has unlawfully traded or communicated with the enemy during a war;
  • the citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years; and
  • the citizen has been ordinarily resident out of India for seven years continuously.
  • ANS-D

4.. With reference to Article 21 of the Constitution, consider the following statements:

1. It is available to both citizens and non-citizens.
2. It can be taken away by the procedure established by law.
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
  • All the statements are correct.
  Article 21: Right to life and personal liberty is available to both citizens and non-citizens.
  It ambit has been expanded by the SC from time to time. The Article has undergone interpretations in various cases like Gopalan Case (1950), Menaka Case (1978) etc.
  As formally enshrined in the Article 21 of the Constitution, no person shall be deprived of his life and personal liberty except according to procedure established by law.
  • The Article has undergone various interpretations in this regard.
  • In Menaka Case (1978), the SC ruled that that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just.
  • In other words, it has introduced the American expression due process of law‘.
  • In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.
  • Rajbala v. Haryana (2015), a two-judge bench of the Supreme Court of India strongly rejected the doctrine of substantive due process in India.
  • In cases like Ramlila Maidan Incident (2012) and Selvi v. State of Karnataka (2010), SC has repeatedly held that substantive due process and due process generally are a part of Indian constitutional law under Article 21 of the Constitution.
  • ANS-C

5..Consider the following statements regarding Fundamental Rights and Legal Rights:

Both Legal rights and fundamental rights are protected by the Constitution.Fundamental Rights cannot be amended whereas legal rights can be amended.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 different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country.
  • Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. However, fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.
  • ANS-D

 

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