Static Quiz 03 August 2022
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Static Quiz 03 August 2022 for UPSC Prelims
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- Question 1 of 5
1. Question
The term ‘law’ in Article 13 includes
(a) ordinances issued by the president of the state governors
(b) laws enacted by the Parliament or the state legislatures
(c) notifications by the executive
(d) bye-lawsSelect the correct answer using the code given below:
CorrectANSWER: D
The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:
Permanent laws enacted by the Parliament or the state legislatures;
Temporary laws like ordinances issued by the president or the state governors;
Statutory instruments in the nature of delegated legislation (executive legislation) like order,
bye-law, rule, regulation or notification;
Non-legislative sources of law, that is, custom or usage having the force of law.
Thus, not only legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void.IncorrectANSWER: D
The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:
Permanent laws enacted by the Parliament or the state legislatures;
Temporary laws like ordinances issued by the president or the state governors;
Statutory instruments in the nature of delegated legislation (executive legislation) like order,
bye-law, rule, regulation or notification;
Non-legislative sources of law, that is, custom or usage having the force of law.
Thus, not only legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void. - Question 2 of 5
2. Question
In the Indian context, which of the following laws/programs are/were formulated by successive Governments in order to implement Directives as under Part IV of the Constitution?
(1) Wildlife (Protection) Act (1972)
(2) Legal Services Authorities Act (1987)
(3) Three-tier Panchayat Raj system
(4) The Criminal Procedure Code (1973)Select the correct answer using the code given below:
CorrectANSWER: D
The Wildlife (Protection) Act, 1972 was enacted to safeguard the wildlife (Article 48 A) The Legal Services Authorities Act (1987) has established a nation-wide network to provide free and competent legal aid to the poor and to organise lokadalats for promoting equal
justice (Article 39A) Three-tier panchayati raj system (at the village, taluka and zila levels) has been introduced to translate into reality Gandhiji’s dream of every village being a republic (Article 40). The Criminal Procedure Code (1973) separated the judiciary from the executive in the public services of the state (Article 50).IncorrectANSWER: D
The Wildlife (Protection) Act, 1972 was enacted to safeguard the wildlife (Article 48 A) The Legal Services Authorities Act (1987) has established a nation-wide network to provide free and competent legal aid to the poor and to organise lokadalats for promoting equal
justice (Article 39A) Three-tier panchayati raj system (at the village, taluka and zila levels) has been introduced to translate into reality Gandhiji’s dream of every village being a republic (Article 40). The Criminal Procedure Code (1973) separated the judiciary from the executive in the public services of the state (Article 50). - Question 3 of 5
3. Question
Which of the following Fundamental Rights are available only to citizens of India, but
not to foreigners?
(1) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(2) Freedom to manage religious affairs
(3) Protection of language, script and culture of minorities
(4) Protection against arrest and detention in certain cases
(5) Right to elementary educationSelect the correct answer using the code given below:
CorrectANSWER: A
FR available only to citizens and not to foreigners
Prohibition of discrimination on grounds 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 of freedom of (Article 19)
Protection of language, script, and culture of minorities (Article 29)
Right of minorities to establish and administer educational institutions (Article 30)IncorrectANSWER: A
FR available only to citizens and not to foreigners
Prohibition of discrimination on grounds 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 of freedom of (Article 19)
Protection of language, script, and culture of minorities (Article 29)
Right of minorities to establish and administer educational institutions (Article 30) - Question 4 of 5
4. Question
‘Right to Property’ was under major controversy since its inception in the Constitution of India. With regard to its present position, consider the following
(1) It is a Constitutional right
(2) The Supreme Court can issue writ jurisdiction, for the violation of the right.
(3) The right to property was deleted from Fundamental Rights by the 42nd Amendment Act, 1976.Select the correct answer
CorrectANSWER: B
44th Amendment Act of 1978 abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31 from Part III. Instead, the Act inserted a new Article 300A in Part XII. It provides that no person shall be deprived of his property except by
authority of law. Thus, the right to property still remains a legal right or a constitutional right, though no longer a fundamental right. It is not a part of the basic structure of the Constitution. Writs are issued by Supreme Court only for the violation of the Fundamental
Rights not legal rights.IncorrectANSWER: B
44th Amendment Act of 1978 abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31 from Part III. Instead, the Act inserted a new Article 300A in Part XII. It provides that no person shall be deprived of his property except by
authority of law. Thus, the right to property still remains a legal right or a constitutional right, though no longer a fundamental right. It is not a part of the basic structure of the Constitution. Writs are issued by Supreme Court only for the violation of the Fundamental
Rights not legal rights. - Question 5 of 5
5. Question
In the Indian context, the rule of equality before the law is not absolute, there are certain exceptions to it. Consider the following cases
(a) A member of Parliament is answerable to court in respect of anything said or any vote was given by him in Parliament
(b) The President or the Governor enjoys constitutional immunities
(c) Foreign ambassadors and diplomats enjoy not only criminal immunities but civil immunities as wellWhich of the above exception(s) is/are correct?
CorrectANSWER: C
Exceptions to ‘equality before the law’:
The President of India and the Governor of States enjoy constitutional immunities
No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee
The foreign sovereigns (rulers), ambassadors, and diplomats enjoy immunity from criminal and civil proceedings. The UNO and its agencies enjoy diplomatic immunity.IncorrectANSWER: C
Exceptions to ‘equality before the law’:
The President of India and the Governor of States enjoy constitutional immunities
No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee
The foreign sovereigns (rulers), ambassadors, and diplomats enjoy immunity from criminal and civil proceedings. The UNO and its agencies enjoy diplomatic immunity.
