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Concept of Fundamental Rights (Legal Aptitude)

Description: Law aptitude
Number of Questions: 15
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Which of the following provisions is not mentioned in the Constitution of India?

  1. Economic rights

  2. Political and social rights

  3. Religious rights

  4. Educational rights

  5. None of the above


Correct Option: A
Explanation:

Constitution of India does not have any provision for economic rights. It is the correct answer.

Fundamental Rights of the Indian Constitution are based on which of the following?

  1. Bill of Rights (USA)

  2. Bill of Rights (UK)

  3. Bill of Rights (Canada)

  4. Bill of Rights (USSR)

  5. None of the above


Correct Option: A
Explanation:

Fundamental Rights of the Indian Constitution are based on the Bill of Rights of USA. 

Which of the following bodies come(s) under Article 12 of the Indian Constitution?

  1. Life Insurance Corporation of India

  2. Indian Law Institute

  3. Institute of Constitutional and Parliamentary Studies

  4. Affiliated to Government, but privately owned and managed colleges

  5. All of the above


Correct Option: A
Explanation:

Under Article 12 of the Constitution, the word “State” is defined. It includes government, parliament and legislature of each state and local authorities which are established by the Government in the territory of India. 

Which of the following is not a special feature of Fundamental Rights in India?

  1. They are subjected to reasonable restrictions.

  2. They are more sacrosanct than rights granted by ordinary laws.

  3. They are justifiable and can be enforced through the Supreme Court.

  4. They can be waived by a person.

  5. None of the above


Correct Option: D
Explanation:

Fundamental rights are included in the Indian Constitution for the liberty, freedom or welfare of people. 

Which of the following is/are not a ‘State’ for the purpose of Article 12 of the Indian Constitution?

  1. Indian Council of Agricultural Research

  2. Nationalised banks

  3. Institute of Medical Education and Research, Chandigarh

  4. Grih Kalyan Kendra

  5. None of the above


Correct Option: D
Explanation:

Grih Kalyan Kendra is a privately based association. It is not a State as per Article 12 of the Indian Constitution.

Which of the following is/are correct about the nature of Fundamental Rights?

  1. Negative rights

  2. Restrictive rights

  3. Limited rights

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

Fundamental rights are negative, restrictive and limited in nature.

Prohibition against discrimination under Article 15 is provided for

  1. persons

  2. citizens

  3. citizens as well as non-citizens

  4. persons except aliens

  5. None of the above


Correct Option: B
Explanation:

Article 15 of the Constitution states that the State shall not discriminate against any citizen on grounds of religion, race, caste, sex and place of birth. 

Reasonable restrictions can be imposed on the grounds of security of the State on

  1. speech and expression

  2. peaceful assembly

  3. association or union

  4. movement

  5. All of the above


Correct Option: A
Explanation:

Article 19 (2) states that on the freedom of speech and expression, a reasonable restriction can be imposed on the grounds of security of the State.

Which of the following is/are included in Article 19 (1) (a)?

  1. Right to information

  2. Right to reply

  3. Right to silence

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

Right to freedom of speech and expression includes right to know, right to reply and right to silence.

'Autre fois acquit and autre fois convict’ principle is related to

  1. self-incrimination

  2. ex-posto facto law

  3. retrospective operation

  4. double jeopardy

  5. None of the above


Correct Option: D
Explanation:

‘Autre fois acquit and autre fois convict’ principle is related to double jeopardy. Double jeopardy means that a person once convicted cannot be tried again for the same offence.

Article 20 (3) of the Constitution states that a person accused of an offence shall not be compelled to be a witness against himself. Which of the following is correct about the given provision?

  1. Retracted confession

  2. Tape-recorded confession

  3. Confession made to a fellow prisoner

  4. Confession made in police custody

  5. None of the above


Correct Option: D
Explanation:

Article 20(3) of the Constitution states that a person accused of an offence shall not be compelled to be a witness against himself. Confession made in police custody in the immediate presence of magistrate can be a valid statement against himself.

Under Article 16 (4), the State is empowered to make provisions for reservations of appointments and posts for

  1. backward classes of citizens

  2. SC/ST

  3. economically backward classes

  4. socially and educationally backward classes

  5. All of the above


Correct Option: D
Explanation:

Article 16 (4) states that nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the State is not adequately represented in the services under the State.

Equality of opportunity in matters of public employment under Article 16 is provided for

  1. all citizens

  2. all persons

  3. all persons except aliens

  4. citizens as well as non-citizens

  5. None of the above


Correct Option: A
Explanation:

Article 16 of the Constitution states that there shall be equality for all citizens in matter of employment or appointment to any office under the State.

Which of the following is/are an exception to equality before law under Article 14?

  1. President

  2. Governors

  3. Aliens

  4. Both 1 and 2

  5. All of the above


Correct Option: D
Explanation:

Both the President and Governors are excluded from the right to equality provided under Article 361.

Reservation of seats in educational institutions in favour of Scheduled Castes and Scheduled Tribes is governed under

  1. Article 15 (4) of the Constitution

  2. Article 16 (4) of the Constitution

  3. Article 29 (2) of the Constitution

  4. Article 14 of the Constitution

  5. None of the above


Correct Option: A
Explanation:

Article 15 (4) of the Constitution provides that the State can make any special provision for the advancement of any socially and educationally backward class of citizens or for scheduled castes and scheduled tribes.

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