Chapter Wise Indian Poilty MCQ’s With Explanation

Today’s Topic: Fundamental Rights-2

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Today’s Topic: Fundamental Rights-2

 

Q1. Which of the following amendments to the Indian Constitution has made Right to Education a Fundamental Right?

a) 92nd            b) 94th             c) 93rd             d) 91st

Ans      C

Explanation:     (The Constitution (Ninety-third Amendment) Act, 2005, enabled the State to make any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in relation to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, except minority educational institutions. The Amendment was intended to enable the Union Government to provide reservation of 27% for other backward classes (OBCs) in public and private educational institutions.)

Q2. Right to privacy as a Fundamental Right is implied in

a) Right to Freedom       b) Right to Life and personal Liberty

c) Right to Equality         d) Right against Exploitation

Ans      B

Explanation:     (Right to privacy has come to its existence after widening up the dimensions of Article 21. The constitution in specific doesn’t grant any right to privacy as such. However, such a right has been culled by the Supreme Court from Art. 21 and several other provisions of the constitution read with the Directive Principles of State Policy.

Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. After reading the Article 21, it has been interpreted that the term ‘life’ includes all those aspects of life which go to make a man’s life meaningful, complete and worth living.)

Q3. The Right to Information Act, 2005 makes the provision of

a) Dissemination of all types of information by all Public authorities to any person.

b) Establishment of Central, State and District Level Information Commissions as an appellate body.

c) Transparency and accountability in Public authorities.

d) All of the above.

Ans      A

Explanation:     (The Right to Information Act 2005 (RTI) is an Act of the Parliament of India “to provide for setting out the practical regime of right to information for citizens. ‘The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act called Jammu & Kashmir Right to Information Act, 2009. Under the provisions of the Act, any citizen may request information form a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to pro-actively publish certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by parliament on 15 June 2005 and came fully into force on 12 October 2005. Information disclosure in India was hitherto restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act now relaxes.

The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in Force. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies “owned, controlled or substantially financed” by government, or non-Government organizations “substantially financed, directly or indirectly by funds” provided by the government are also covered in it.

Private bodies are not within the Act’s ambit directly. In a landmark decision of 30-Nov-2006 (‘Sarbajit Roy versus DERC’) the Central Information Commission also reaffirmed that privatized public utility companies continue to be within the RTI Act – their privatization not with standing.

The Act empowers applicant citizens to:

  1. Obtain copies of permissible governmental documents.
  2. Inspect permissible governmental documents.
  3. Inspect permissible Governmental works and obtain samples.

The Central Government, State Authorities as defined in S.2(e) are vested with powers to make rules to carry  out the provisions of the Right to Information Act, 2005. (S.27 & S.28)

The Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt inform to be provided.

Exclusions:

Central Intelligence and Security agencies specified in the Second Schedule like IB, Directorate General of Income Tax Investigation, RAW, Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission.

Information Exclusions

The following is exempt from disclosure:

V Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, “strategic, scientific or economic” interests of the State, relation with foreign State or lead to incitement of an offense;

  1. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
  2. Information, the disclosure of which would cause a breach of privilege of parliament or the State Legislature;
  3. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
  4. Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
  5. Information received in confidence from foreign Government;
  6. Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
  7. Information which would impede the process of investigation or apprehension or prosecution of offenders;
  8. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
  9. Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption);
  10. Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (NB: This provision is qualified by the proviso to sub-section 11(1) of the Act which exempts disclosure of “trade or commercial secrets protected by law” under this clause when read along with 8 (1)d) ).

Role of the government

    1. Section 26of the Act enjoins the central governments, as also the state governments of the Union of India (Excluding J&K), to initiate necessary steps to:
    2. Develop educational programmes for the public especially disadvantaged communities on RTI.
    3. Encourage Public Authorities to participate in the development and organization of such programs.
    4. Promote timely dissemination of accurate information to the public.
    5. Train officers and develop training materials.
    6. Compile and disseminate a User Guide for the public in the respective official language.
    7. Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc.)

Q4. Which of the following rights was considered the “Heart and Soul” of the Indian Constitution by Dr.B.R.Ambedkar?

a) Freedom of Speech                         b) Right to Equality

c) Right to Freedom of Religion           d) Right to Constitutional Remedies.

Ans      D

Explanation:     (‘Part III – Fundamental Right’s is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India.

The six fundamental rights recognized by the constitution are:

  1. Right to Equality : including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.
  2. Right to Freedom : which includes speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality), right to life and liberty, right to education, protection in respect to conviction in offences and protection against arrest and detention in certain cases.
  3. Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
  4. Right to freedom of religion, including freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes.
  5. Cultural and Educational Rights preserving Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice.
  6. Right to constitutional remedies for enforcement of Fundamental Rights. Fundamental rights for Indian have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions. Dr.B.R.Ambedkar, the chairman of the Drafting committee called the fundamental right to constitutional remedies as the heart and soul of the Indian constitution.
  7. 7. Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens’ fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari. When a national or state emergency is declared, this right is suspended by the central government.

Right to property was originally a fundamental right, but is now a legal right.

Q5. The Fundamental Duties of a Citizen include

  1. Respect for the Constitution, the National Flag and the National Anthem.
  2. To develop the scientific temper.
  3. Respect for the Government
  4. To protect Wildlife.

Choose the correct answer from the codes given below:

a) 1, 2 and 3           b) 1, 2 and 4            c) 2, 3 and 4          d) 1, 3, 4 and 2

Ans      B

Explanation:     (The Fundamental Duties are a novel feature of the Indian Constitution in recent times. Originally, the Constitution of India did not contain these duties. The Forty Second Constitution Amendment Act, 1976 has incorporated ten Fundamental Duties in Article 51a) of the constitution of India. The Eighty-Six Constitution Amendment Act, 2002 has added one more Fundamental Duty in Article 51a) of the constitution of India. As a result, there are now 11 Fundamental Duties of the Citizen of India.

The following are the Eleven Fundamental Duties of every citizen of India:

    1. To abide by the Constitution and respect the National Flag and the National Anthem.
    2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
    3. To uphold and protect the sovereignty, unity and integrity of India;
    4. To defend the country and render national service when called upon to do so;
    5. To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional and to renounce practices derogatory to the dignity of women;
    6. To value and preserve the rich heritage of our composite culture;
    7. To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures;
    8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
    9. To safeguard public property and to abjure violence;
    10. To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement.”
    11. To provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be.

An analysis of the above duties levels that they are applicable only to citizens and not to the aliens. It is expected that a citizen of India. While enjoying fundamental rights, should also perform these duties. Although there is no provision in the constitution for direct enforcement of any of these duties, yet. The courts are guided by these duties while interpreting various laws. These duties have Sancity as these are included in the Directive Principles of State policy.)

Q6. The right to impart and receive information is guaranteed in the Constitution of India by Article:

a) 19 (2) A                b) 19 (16)           c) 19 (2)                d) 19 (1) A

Ans      D

Explanation:     (Article 19 in the Constitution of India 1949)

19 Protection of certain rights regarding freedom of speech etc.,

  1. All citizens shall have the right
  2. a) To freedom of speech and expression; b) To assemble peaceably and without arms;
  3. c) To form associations or unions; d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India; and (f) omitted

(g) To practice any profession, or to carry on any occupation, trade or business

  1. Nothing in sub clause
  2. a) Of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
  3. Nothing in sub clause
  4. b) Of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub clause
  5. Nothing in sub clause
  6. c) Of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub clause
  7. Nothing in sub clauses
  8. d) And (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe
  9. Nothing in sub clause

(g) Of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause, and in particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,

  1. The professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or
  2. The carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise]

Q7. Which one of the following Articles of the Constitution of India safeguards the rights of Minorities to establish and run educational institutions of their own liking?

a) Article 19            b) Article 29                       c) Article 30                 d) Article 31

Ans      C

Explanation:     Article 30.Right of minorities to establish and administer educational institutions.

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice (1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause

(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language]

Q8. Which of the following amendments took away the right to property from the list of the fundamental rights?

a) 42nd                 b) 44th             c) 45th                d) 43rd

Ans      B

Q9. Article 30 of the Indian Constitution deals with the

a) Freedom of conscience

b) Right to propagate religion

c) Rights of minorities to establish and manage educational institutions

d) Cultural and educational right of the majority community

Ans      C

Explanation:     Article : 30. Right of minorities to establish and administer educational institutions

(1)        All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause

(2)        The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language]

Q10. Fundamental rights guaranteed in the Indian Constitution can be suspended only by

a) A proclamation of an emergency             b) An Act passed by the Parliament

c) An amendment of the Constitution          d) The judicial decision of the Supreme Court

Ans      A

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