Daily MCQs – 6th Nov 23

Q1. Which of the following statements regarding fundamental rights is/are correct?

1. They are meant for promoting the ideal of political democracy in India.
2. Right for protection of language, script and culture of minorities is available to citizens of India only.
3. They are justiciable and sacrosanct.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1 and 2 only

Answer: (d)

Explanation:

Statement 1 is correct: The Fundamental Rights are meant for promoting the ideal of political democracy. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.They 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.

Statement 2 is correct: Rights available to only citizens include: Prohibition of discrimination on ground of religion, race, caste, sex or place of birth (Article 15) Equality of opportunity in matters of public employment (Article 16) Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19) Protection of language, script and culture of minorities (Article 29). Right of minorities to establish and administer educational (Article 30).

Statement 3 is incorrect: They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated. They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the ‘basic structure’ of the Constitution.

 

Q2. Consider the following statements regarding significance of Fundamental Duties:

1. They help the courts in examining and determining the constitutional validity of a law.
2. They serve as a warning against the anti-national and antisocial activities in public sphere.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (c)

Explanation:

Significance of Fundamental Duties:

• They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
• They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on. Hence, statement 2 is correct.
• They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are not mere spectators but active participants in the realisation of national goals.
• They help the courts in examining and determining the constitutional validity of a law. In 1992, the Supreme Court ruled that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a fundamental duty, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality. Hence, statement 1 is correct.
• They are enforceable by law. Hence, the Parliament can provide for the imposition of appropriate penalty or punishment for failure to fulfil any of them.
• However, list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on. In fact, duty to pay taxes was recommended by the Swaran Singh Committee.
• Some of the duties are vague, ambiguous and difficult to be understood by the common man. For example, different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’, ‘scientific temper’ and so on.

 

Q3. Which of the directive principles mentioned under Part IV of the constitution can be classified under Gandhian principles?

(a) Organize agriculture and animal husbandry on modern and scientific lines.

(b) Promote cottage industries on an individual or co-operation basis in rural areas.

(c) Take steps to secure the participation of workers in the management of industries.

(d) Separate the judiciary from the executive in the public services of the State.

Answer: (b)

Explanation:

• Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types-
• Socialistic Principles,
• Gandhian Principles and,
• Liberal-Intellectual Principles
• Those directive principles that are based on Gandhian ideology used to represent the program of reconstruction enunciated byGandhi during the national movement are classified under Gandhian principles. These include:
• Article 40: Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.
• Article 43: Promote cottage industries on an individual or co-operation basis in rural areas.
• Article 43B: Promote voluntary autonomous functioning, democratic control, and professional management of co-operative societies.
• Article 46: Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and protect them from social injustice and exploitation.
• Article 47: Prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
• Article 48: Prohibit the slaughter of cows, calves, and other milch and draught cattle and improve their breeds.

Q4. In the context of Fundamental rights, which of the following is/are prohibited under Article 23?

1. Child labour
2. Devadasi system
3. Compulsory service for the public purpose

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Answer: (a)

Explanation:

Statement 1 is incorrect: Article 24 of the Indian Constitution prohibits the employment of children under the age of fourteen in factories, mines and other hazardous contexts. During the initial stages of Constitution-making, child labour was a sub clause of the Article 23 (forced labour). At the Advisory Committee stage, child labour was made into a separate Article of the Constitution – Article 24.

Statement 2 is correct: Article 23: Prohibition of traffic in human beings and forced labour. Traffic in human beings and beggars and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offense punishable in accordance with law. Nothing in this article shall prevent the State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. This right is available to both citizens and non-citizens. It protects the individual not only against the State but also against private persons. The expression traffic in human beingsinclude:

• selling and buying of men, women and children like goods
• immoral traffic in women and children, including prostitution
• devadasis
• slavery.

To punish these acts, the Parliament has made the Immoral Traffic (Prevention) Act, 1956.

Statement 3 is incorrect: Article 23 also provides for an exception to this provision. It permits the State to impose compulsory service for public purposes, as for example, military service or social service, for which it is not bound to pay. However, in imposing such service, the State is not permitted to make any discrimination on grounds only of religion, race, caste or class.

 

Q5. Consider the following statements in context of Fundamental right of protection in respect of conviction of offenses:

1. It is covered under Article 22 of the Constitution.
2. Ex Post Facto law can be imposed on tax laws.
3. Protection against double jeopardy is available only proceeding before a court of law or a judicial tribunal.

Which of the statements given above is/are incorrect?

(a) 1 only

(b) 1 and 2 only

(c) 3 only

(d) 2 and 3 only

Answer: (a)

Explanation:

Statement 1 is incorrect: Article 20 of the Constitution grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or corporation.

Statement 2 is correct: Article 20 contains three provisions- i) ex-facto law ii) No double jeopardy iii) No self-incrimination. An ex-facto law is one that imposes a penalty retrospectively. The enactment of such a law is prohibited by first provision of Article 20. However, this limitation is imposed only on criminal laws and not on civil laws or tax laws.

Statement 3 is correct: The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. It is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.