Static Quiz 17 February 2025 (Polity)
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Static Quiz 17 February 2025 (Polity) For UPSC Exam
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- Question 1 of 5
1. Question
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
Select the correct answer using the codes given below:CorrectQ.1) Ans: c
Exp:
• ● 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 labor. Traffic in human beings and beggars and other similar forms of forced labor 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 beings‘ include
o selling and buying of men, women and children like goods
o immoral traffic in women and children, including prostitution
o devadasis.
o 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.
IncorrectQ.1) Ans: c
Exp:
• ● 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 labor. Traffic in human beings and beggars and other similar forms of forced labor 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 beings‘ include
o selling and buying of men, women and children like goods
o immoral traffic in women and children, including prostitution
o devadasis.
o 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.
- Question 2 of 5
2. Question
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 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 ?CorrectQ.2) Ans: a
Exp:
● 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.
IncorrectQ.2) Ans: a
Exp:
● 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.
- Question 3 of 5
3. Question
Which of the following statements is/are correct in context of enforcement of Article 32 under the Indian Constitution?
1. The power of the Supreme Court is original and exclusive for enforcement of Fundamental Rights.
2. President can empower any court to issue directions, orders and writs of all kinds
3. It cannot be invoked to determine the constitutionality of a legislation unless it directly infringes any of Fundamental Rights
Select the correct answer using the codes given below:CorrectQ.3) Ans: c
Exp:
● Statement 1 is incorrect: Article 32 confers the right to remedies for the enforcement of the Fundamental rights of an aggrieved citizen. In case of enforcement of Fundamental Rights, the jurisdiction of the Supreme court is original but not exclusive. It is concurrent with the jurisdiction of the high court under article 226.● Statement 2 is incorrect: Parliament can empower any other court to issue directions, orders and writs of all kinds. However this can be done without prejudice to the powers conferred on the Supreme and high court.
● Statement 3 is correct: The violation of a fundamental right is the sine qua non for the exercise of the right conferred by article 32. In other words, the Supreme Court under Article 32 cannot determine a question that does not invoke Fundamental rights.
IncorrectQ.3) Ans: c
Exp:
● Statement 1 is incorrect: Article 32 confers the right to remedies for the enforcement of the Fundamental rights of an aggrieved citizen. In case of enforcement of Fundamental Rights, the jurisdiction of the Supreme court is original but not exclusive. It is concurrent with the jurisdiction of the high court under article 226.● Statement 2 is incorrect: Parliament can empower any other court to issue directions, orders and writs of all kinds. However this can be done without prejudice to the powers conferred on the Supreme and high court.
● Statement 3 is correct: The violation of a fundamental right is the sine qua non for the exercise of the right conferred by article 32. In other words, the Supreme Court under Article 32 cannot determine a question that does not invoke Fundamental rights.
- Question 4 of 5
4. Question
The Supreme Court in NALSA judgment recognized the right to self-determination of gender equality. Following the judgment, the transgenders were entitled to which of the following fundamental rights?
1. Article 14
2. Article 15
3. Article 16
Which of the statements given above is/are correct?CorrectQ.4) Ans: b
Exp:
● Statement 1 is correct: The Supreme Court in its National Legal Services Authority v. Union of India (NALSA) judgment recognized the right to self-determination of gender identity. The Court interpreted ‘dignity‘ under Article 21 of the Constitution to include diversity in self- expression, which allowed a person to lead a dignified life. It placed one‘s gender identity within the framework of the fundamental right to dignity under Article 21. Further, it noted that the right to equality (Article 14 of the Constitution) and freedom of expression (Article 19(1)(a)) was framed in gender-neutral terms. Consequently,
the right to equality and freedom of expression
would extend to transgender persons.● Statement 2 and 3 are correct: Under Articles 15 and 16, discrimination on the ground of ―sex is explicitly prohibited. The Court held that ―sex here does not only refer to biological attributes (such as chromosomes, genitalia and secondary sexual characteristics) but also includes ―gender (based on one‘s self-perception). Thus, the Court held that discrimination on the ground of ―sex included discrimination on the basis of gender identity. The Court held that transgender persons were entitled to fundamental rights under Articles 14, 15, 16, 19(1)(a) and 21 of the Constitution.
IncorrectQ.4) Ans: b
Exp:
● Statement 1 is correct: The Supreme Court in its National Legal Services Authority v. Union of India (NALSA) judgment recognized the right to self-determination of gender identity. The Court interpreted ‘dignity‘ under Article 21 of the Constitution to include diversity in self- expression, which allowed a person to lead a dignified life. It placed one‘s gender identity within the framework of the fundamental right to dignity under Article 21. Further, it noted that the right to equality (Article 14 of the Constitution) and freedom of expression (Article 19(1)(a)) was framed in gender-neutral terms. Consequently,
the right to equality and freedom of expression
would extend to transgender persons.● Statement 2 and 3 are correct: Under Articles 15 and 16, discrimination on the ground of ―sex is explicitly prohibited. The Court held that ―sex here does not only refer to biological attributes (such as chromosomes, genitalia and secondary sexual characteristics) but also includes ―gender (based on one‘s self-perception). Thus, the Court held that discrimination on the ground of ―sex included discrimination on the basis of gender identity. The Court held that transgender persons were entitled to fundamental rights under Articles 14, 15, 16, 19(1)(a) and 21 of the Constitution.
- Question 5 of 5
5. Question
Which of the following directive principles cannot be challenged for violating the right to equality under Article 14?
1. Equitable distribution of the community material resources
2. Equal pay for equal work for men and women.
3. Preventing the concentration of wealth.
Select the correct answer using the codes given below:CorrectQ.5) Ans: d
Exp:
Directive Principles of State Policy (DPSP) under Part IV of the Constitution are not enforceable by courts but guide the government in policy-making.
• Article 31C (inserted by the 25th Constitutional Amendment Act, 1971) provides constitutional immunity to laws implementing Article 39(b) and 39(c) from being challenged for violating Article 14 (Right to Equality) or Article 19.Relevant Articles and Their Protection:
1. Equitable distribution of material resources (Article 39(b)) –
◦ Ensures the distribution of ownership and control of community resources to serve the common good.
◦ Protected by Article 31C from challenges under Article 14.
2. Equal pay for equal work (Article 39(d)) –
◦ Seeks to bridge gender-based wage disparities.
◦ While not directly protected by Article 31C, courts have consistently upheld such laws in the public interest and social justice framework.
3. Preventing concentration of wealth (Article 39(c)) –
◦ Aims to prevent the accumulation of wealth in a few hands to safeguard public welfare.
◦ Explicitly protected by Article 31C against challenges under Article 14.IncorrectQ.5) Ans: d
Exp:
Directive Principles of State Policy (DPSP) under Part IV of the Constitution are not enforceable by courts but guide the government in policy-making.
• Article 31C (inserted by the 25th Constitutional Amendment Act, 1971) provides constitutional immunity to laws implementing Article 39(b) and 39(c) from being challenged for violating Article 14 (Right to Equality) or Article 19.Relevant Articles and Their Protection:
1. Equitable distribution of material resources (Article 39(b)) –
◦ Ensures the distribution of ownership and control of community resources to serve the common good.
◦ Protected by Article 31C from challenges under Article 14.
2. Equal pay for equal work (Article 39(d)) –
◦ Seeks to bridge gender-based wage disparities.
◦ While not directly protected by Article 31C, courts have consistently upheld such laws in the public interest and social justice framework.
3. Preventing concentration of wealth (Article 39(c)) –
◦ Aims to prevent the accumulation of wealth in a few hands to safeguard public welfare.
◦ Explicitly protected by Article 31C against challenges under Article 14.
