Indian polity & Governance Test 5

Answer – d

Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or nonfundamental rights

• No tax shall be levied or collected except by authority of law (Article 265 in Part XII).
• The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV)

In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy. He can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).

Answer – c

Article 31A saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19

• Acquisition of estates17 and related rights by the State;
• Taking over the management of properties by the State;
• Amalgamation of corporations;
• Extinguishment or modification of rights of directors or shareholders of corporations; and
• Extinguishment or modification of mining leases

Answer – a

Article 31A does not immunise a state law from judicial review unless it has been reserved for the president’s consideration and has received his assent

Answer – b

Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. Thus, the scope of Article 31B is wider than Article 31A. Article 31B immunises any law included in the Ninth Schedule from all the fundamental rights whether or not the law falls under any of the five categories specified in Article 31A

Incorrect

Answer – c

Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. However, in a significant judgement delivered in January 2007, the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. The court held that judicial review is a ‘basic feature’ of the constitution and it could not be taken away by putting a law under the Ninth Schedule. It said that the laws placed under the Ninth Schedule after April 24, 1973, are open to challenge in court if they violated fundamentals rights guaranteed under Articles 14, 15, 19 and 21 or the ‘basic structure’ of the constitution.

Answer – d

As Right to Property is only a legal right enshrined in the constitution after 44th Constitutional Amendment, the following implications are available

• It can be regulated ie, curtailed, abridged or modified without constitutional amendment by an ordinary law of the Parliament.
• It protects private property against executive action but not against legislative action.
• In case of violation, the aggrieved person cannot directly move the Supreme Court under Article 32 (right to constitutional remedies including writs) for its enforcement. He can move the High Court under Article 226.
• No guaranteed right to compensation in case of acquisition or requisition of the private property by the state.

Answer – c

Though the Fundamental Right to Property under Part III has been abolished, the Part III still carries two provisions which provide for the guaranteed right to compensation in case of acquisition or requisition of the private property by the state. These two cases where compensation has to be paid are:

(a) When the State acquires the property of a minority educational institution (Article 30); and

(b) When the State acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits (Article 31 A).

The first provision was added by the 44th Amendment Act (1978), while the second provision was added by the 17th Amendment Act (1964)

Answer – C

• Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures. This provision ensures that there is uniformity throughout India with regard to the nature of those fundamental rights and punishment for their infringement.
• Article 35 extends the competence of the Parliament to make a law on the matters specified above, even though some of those matters may fall within the sphere of the state legislatures (i.e., State List).

Answer – b

Answer – B

• Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces.
• Parliament has enacted the Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, the Border Security Force Act and so on. These impose restrictions on their freedom of speech, right to form associations, right to be members of trade unions or political associations, right to communicate with the press, right to attend public meetings or demonstrations, etc.
• The expression ‘members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors who are non-combatants.

Answer – c

It was set up by resolution of GOI in 2000. The 11 member commission was headed by MN Venkatachaliah, former CJI of Supreme Court.

Answer – c

• A party or candidate organising a procession shall decide before hand the time and place of the starting of the procession, the route to be followed and the time and place at which the procession will terminate. There shall ordinarily be no deviation from the programme. The organisers shall give advance intimation to the local police authorities of the programme so as to enable the latter to make necessary arrangements.
• If two or more political parties or candidates propose to take processions over the same route or parts thereof at about the same time, the organisers shall establish contact well in advance and decide upon the measures to be taken to see that the processions do not clash or cause hindrance to traffic. The assistance of the local police shall be availed of for arriving at a satisfactory arrangement. For this purpose the parties shall contact the police at the earliest opportunity.

Answer – b

From the time elections are announced by the Commission, ministers and other authorities shall not
(a) Announce any financial grants in any form or promises thereof
(b) (Except civil servants) lay foundation stones etc., of projects or schemes of any kind
(c) Make any promise of construction of roads, provision of drinking water facilities, etc.
(d) Make any ad-hoc appointments in government, public undertakings, etc. which may have  the effect of influencing the voters in favour of the party in power.

Answer – a

The Election Commission appoints Observers. If the candidates or their agents have any specific complaint or problem regarding the conduct of elections, they may bring the same to the notice of the Observer

Answer – a

No political party or candidate shall permit its or his followers to make use of any individual’s land, building, compound wall etc., without his permission for erecting flag-staffs, suspending banners, pasting notices, writing slogans, etc

Answer – a

• Parliament (under Article 32) can empower any other court to issue these writs. Since no such provision has been made so far, only the Supreme Court and the high courts can issue the writs and not any other court.
• Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs.

Answer – a

The writs are borrowed from English law where they are known as ‘prerogative writs’. They are so called in England as they were issued in the exercise of the prerogative of the King who was, and is still, described as the ‘fountain of justice’. Later, the high court started issuing these writs as extraordinary remedies to uphold the rights and liberties of the British people.

Answer – c

• A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction.
• Supreme Court can issue writs only for the enforcement of fundamental rights whereas a high court can issue writs not only for the enforcement of Fundamental Rights but also for any other purpose.

Answer – c

• Habeas Corpus literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals.
• Mandamus literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

Answer – d

• Quo warranto can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.