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Question 1 of 5
1. Question
2 points
Which of the following Rights are available to both Citizens and Foreigners in India?
Right to freedom of Speech and Expression.
Right to Property.
Right to equality in matters of public employment.
Right to freedom of Religion.
How many of the above statements is/are correct?
Correct
Ans: B
Exp:
Statement 1 is incorrect:Right to freedom of speech and expression guaranteed under Article-19 is only applicable to Citizens of India and not for foreigners.
Statement 2 is correct:Right to Property is a legal right under Article-300A applicable to both Citizens of India and foreigners.
Statement 3 is incorrect:Equality of opportunity in the matters of public employment under Article 16 is only applicable to Citizens of India and not to foreigners.
Statement 4 is correct: Right to freedom of religion under Article 25-28 is applicable to both Citizens of India and foreigners.
Extra Edge by PWOnlyIAS:
Some other fundamental rights available to both Citizens and foreigners except enemy aliens:
Article 14 – Equality before the law and equal protection of laws.
Article 20 – Protection in respect of conviction for offences.
Article 21 – Protection of life and personal liberty.
Article 21A – Right to elementary education.
Article 22 – Protection against arrest and detention in certain cases.
Article 23 – Prohibition of traffic in human beings and forced labour.
Article 24 – Prohibition of employment of children in factories etc.
Incorrect
Ans: B
Exp:
Statement 1 is incorrect:Right to freedom of speech and expression guaranteed under Article-19 is only applicable to Citizens of India and not for foreigners.
Statement 2 is correct:Right to Property is a legal right under Article-300A applicable to both Citizens of India and foreigners.
Statement 3 is incorrect:Equality of opportunity in the matters of public employment under Article 16 is only applicable to Citizens of India and not to foreigners.
Statement 4 is correct: Right to freedom of religion under Article 25-28 is applicable to both Citizens of India and foreigners.
Extra Edge by PWOnlyIAS:
Some other fundamental rights available to both Citizens and foreigners except enemy aliens:
Article 14 – Equality before the law and equal protection of laws.
Article 20 – Protection in respect of conviction for offences.
Article 21 – Protection of life and personal liberty.
Article 21A – Right to elementary education.
Article 22 – Protection against arrest and detention in certain cases.
Article 23 – Prohibition of traffic in human beings and forced labour.
Article 24 – Prohibition of employment of children in factories etc.
Question 2 of 5
2. Question
2 points
Consider the following statements:
Fundamental Rights, for members of the Armed forces and Paramilitary forces are subjected to restrictions and are only available at the Chief of Army Staff’s discretion.
Most of the Fundamental Rights are directly enforceable while a few require Union and State Laws to give effect to them.
Fundamental Rights as a whole, are positive in character, conferring privileges on the persons over State.
How many of the above statement(s) is/are incorrect?
Correct
Ans: C
Exp:
Statement 1 is incorrect:FEATURES OF FUNDAMENTAL RIGHTS- 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).
Statement 2 is incorrect: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).
Statement 3 is incorrect:Some of the Fundamental Rights 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. They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
Incorrect
Ans: C
Exp:
Statement 1 is incorrect:FEATURES OF FUNDAMENTAL RIGHTS- 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).
Statement 2 is incorrect: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).
Statement 3 is incorrect:Some of the Fundamental Rights 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. They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
Question 3 of 5
3. Question
2 points
Consider the following statements with reference to the Fundamental Rights under Indian Constitution:
The Fundamental Rights are not absolute but qualified in nature.
The Fundamental Rights are only available against the arbitrary State action but not against the action of Private individuals.
Which of the statements given above is/are correct?
Correct
Ans: A
Exp:
Statement 1 is correct:Fundamental Rights 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.
Statement 2 is incorrect:All of the Fundamental Rights are available against the arbitrary action of the state. However, some of them are also available against the actions of private individuals. For example, “A fundamental right under Article 17/23/24 etc. can be enforced even against persons other than the State or its instrumentalities”.
Incorrect
Ans: A
Exp:
Statement 1 is correct:Fundamental Rights 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.
Statement 2 is incorrect:All of the Fundamental Rights are available against the arbitrary action of the state. However, some of them are also available against the actions of private individuals. For example, “A fundamental right under Article 17/23/24 etc. can be enforced even against persons other than the State or its instrumentalities”.
Question 4 of 5
4. Question
2 points
Consider the following statements with reference to the Right to Education in India:
State shall provide free and compulsory education to all children of the age of six to fourteen years.
The provision was added by the 81st Constitutional Amendment Act of 2002.
The Constitution already contained provisions in Part-III for free and compulsory education for children prior to the Amendment.
How many of the above statements are correct?
Correct
Ans: A
Exp:
Statement 1 is correct:Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education.
Statement 2 is incorrect:This provision was added by the 86th Constitutional Amendment Act of 2002. This Amendment is a major milestone in the country’s aim to achieve ‘Education for All’. The government described this step as ‘the dawn of the second revolution in the chapter of citizens’ rights’.
Statement 3 is incorrect:Even before this amendment, the Constitution contained a provision for free and compulsory education for children under Article 45 in Part IV. However, being a Directive Principle, it was not enforceable by the Courts. Now, there is scope for judicial intervention in this regard.
Incorrect
Ans: A
Exp:
Statement 1 is correct:Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education.
Statement 2 is incorrect:This provision was added by the 86th Constitutional Amendment Act of 2002. This Amendment is a major milestone in the country’s aim to achieve ‘Education for All’. The government described this step as ‘the dawn of the second revolution in the chapter of citizens’ rights’.
Statement 3 is incorrect:Even before this amendment, the Constitution contained a provision for free and compulsory education for children under Article 45 in Part IV. However, being a Directive Principle, it was not enforceable by the Courts. Now, there is scope for judicial intervention in this regard.
Question 5 of 5
5. Question
2 points
The Doctrine of Protective discrimination is enshrined in which among the following provisions of the Constitution of India?
Correct
Ans: A
Exp:
Though the general rule laid down in Indian Constitution provides that all the Citizens of India are equal and they cannot be discriminated against on the basis of Race, Caste, Sex or Place of birth, some of the exceptions are also provided as to that general rule which speak of Protective Discrimination (Article 15 and 16). The Policy of Protective discrimination is a way to ensure social justice in society. The scheduled castes, scheduled tribes, other backward classes, and women are the most exploited and discriminated groups in Indian society, and the Constitution hence aims at making their lives better by providing them with some special privileges.
Articles 15 and 16 which are part of the Right to Equality deal with reservations for economically and socially backward classes.
Incorrect
Ans: A
Exp:
Though the general rule laid down in Indian Constitution provides that all the Citizens of India are equal and they cannot be discriminated against on the basis of Race, Caste, Sex or Place of birth, some of the exceptions are also provided as to that general rule which speak of Protective Discrimination (Article 15 and 16). The Policy of Protective discrimination is a way to ensure social justice in society. The scheduled castes, scheduled tribes, other backward classes, and women are the most exploited and discriminated groups in Indian society, and the Constitution hence aims at making their lives better by providing them with some special privileges.
Articles 15 and 16 which are part of the Right to Equality deal with reservations for economically and socially backward classes.
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
Quick Revise Now ! UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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