Human Rights in India Test 29

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Human Rights in India Test 29

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Weekly Quiz Competition

Question 1
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Articles 20-22 relate to the fundamental right to life and personal liberty. These rights are available to ________________.

A
citizens and non-citizens

B
natural persons as well as artificial persons

C
citizen only

D
all persons who have juristic personality
Question 2
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Which of the following rights conferred by the Constitution of India is also available to non-citizens?

A
Right to constitutional remedies

B
Freedom to speech

C
Freedom to move and settle in any part of the country

D
Freedom to acquire property

Solution

Option B is the correct answer. The right of Freedom to Speech is available to non-citizens of India as well. Article 19(1)(a) of Indian Constitution says that all citizens have the right to freedom of speech and expression. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode.
Question 3
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The constitution allows preventive detention but stipulates _______________________.

A
that no one should be detained beyond three months unless an Advisory Board authorises detention beyond that period.

B
that the grounds for detention should be conveyed to the detenu before arresting him

C
that the detenu must be produced before the nearest magistrate within a period of 24 hours of his arrest.

D
All of the above

Solution

Article 22 of the Constitution of India provides for the Protection Against arrest and detention. It says that persons who are detained under preventive detention law cannot be detained more than three months unless an Advisory Board reports that sufficient and reasonable causes exist for extending the detention. This right is available to citizens as well as aliens (non-citizens).
Question 4
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Which of the following comes under Right to Equality?
1. Non-discrimination by State on grounds of religion or race.
2. Equal protection of the laws.
3. Equal pay for equal work.
4. Equality of opportunity in matters of employment under the State.

A
I, II and III

B
II, III and IV

C
II and IV

D
I, II and IV

Solution

Option D is the correct answer. Articles 14 to 18 cover the Right to Equality in the following way:
Article 14: Equality before law
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16: Equality of opportunity in matters of public employment
Article 17: Abolition of Untouchability
Article 18: Abolition of titles
Question 5
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Which of the following is incorrect?

A
Newspapers can publish Parliamentary proceedings

B
Newspapers can publish any part of proceedings with the permission of the Speaker

C
Newspapers have also the freedom to publish expunged portions of the speech of an MP

D
Parliament has freedom to publish its proceedings

Solution

Under Indian Constitution Freedom of speech and expression includes freedom of the press, however, this freedom is subject to various restriction one of which can be observed in the form of Parliamentary privileges. The Newspaper cannot publish any such matter which is specifically removed by Parliament to prevent its malafide (in bad faith) publication.
Question 6
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Consider the following statements:
1. The Article 20 of the Constitution of India lays down that no person shall be deprived of his life and personal liberty except according to procedure established by law.
2. The Article 21 of the Constitution of India states that no person can be convicted for any offence except for the violation of law in force at the time of the commission of the act charged as an offence.
Which of these statements is/are correct?

A
1 only

B
2 only

C
Both 1 and 2

D
Neither 1 nor 2

Solution

Article 20 talks about protection in respect of conviction of offences. It says that" No person shall be convicted of any offence except for violation of law in force at the time when such act is committed not should be subject to a penalty greater than that prescribed under the law when the act is committed. It further talks about the rule of double jeopardy and self-incrimination. Article 21 declares that No person shall be deprived of his life or personal liberty except according to the procedure established by law.
Question 7
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This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by state even by a law. For violation of this, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form association that implies the right to join an association or not to join such an association.
FACTS : Owing to some industrial disturbances created by XATU, one of the several trade unions in AB Chemicals (Pvt) Ltd., the Company issued a circular to all its employees that as far as possible the employees may disassociate with XATU. Navin is an employee of AB Chemicals and the current General Secretary of XATU. Aggrieved by this circular, which affected the fundamental rights of his and other members of the Union, approaches the High Court of the state for a relief. Identify the most reasonable legal proposition.

A
The Company's circular is illegal and has to be quashed by the Court.

B
Circular issued by a Company amount to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.

C
The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.

D
The circular interferes with the freedom guaranteed by the Constitution and hence the High Court can issue an appropriate writ.

Solution

The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.
The constitution doesn't define the expression of reasonable restrictions . Nor can an abstract standard or general pattern of of reasonableness be laid down for all cases and situations . So , reasonableness of restriction has to be viewed not only from the point of view of the citizen but also from this point of problem before the legislature and the object sought be achieved.
Question 8
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: No person shall be deprived of his life or personal liberty except according to procedure established by law.
FACTUAL SITUATION: A resident of Noida summoned by the Delhi High Court as a witness in the Jessica Lal murder case. A denied to appear before the court due to his office job. He was prosecuted by the court.
QUESTION: Whether A is liable or not?

A
He is not liable because he has fundamental rights under Article 21 of personal liberty.

B
He is liable because he denied to appear before Court.

C
He is not liable because he didn't see the murderer of Jessica Lal.

D
He is not liable because he is not the resident of Delhi.
Question 9
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The right to constitutional remedies in India is available to ________________.

A
citizens of India only

B
all persons in case of infringement of any fundamental right

C
any person for enforcing any of the fundamental rights conferred on all persons

D
an aggrieved individual alone

Solution

Option B is the correct answer. The right to constitutional remedies in India is available to all persons in case of infringement of any fundamental right. Right to constitutional remedies is covered from Article 32 to 35 in the Indian Constitution. It empowers the citizens to move to a court of law in case of any denial of the fundamental rights.
Question 10
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Which of the following rights are available to Indian citizens as well as foreigners residing in Indian territory?
I. Cultural and Educational Rights.
II. Right to Freedom of religion.
III. Right against discrimination by the State on grounds of religion, race, caste, sex or place of birth.
IV. Right to personal liberty.

A
I and II

B
III and IV

C
II and IV

D
I, II, III and IV

Solution

Article 25 which basically talks about the freedom of religion, it's profession and practice and Article 21 which is Right to life and personal liberty are granted by the Constitution to all "persons" which means not only citizens but non-citizens (foreigners) shall also be entitled to these rights and can enforce them in court of law upon violation.

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Human Rights in India Test 29

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Human Rights in India Test 29

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SHARING IS CARING

Question 1

citizens and non-citizens

natural persons as well as artificial persons

citizen only

all persons who have juristic personality

Question 2

Right to constitutional remedies

Freedom to speech

Freedom to move and settle in any part of the country

Freedom to acquire property

Solution

Question 3

that no one should be detained beyond three months unless an Advisory Board authorises detention beyond that period.

that the grounds for detention should be conveyed to the detenu before arresting him

that the detenu must be produced before the nearest magistrate within a period of 24 hours of his arrest.

All of the above

Solution

Question 4

I, II and III

II, III and IV

II and IV

I, II and IV

Solution

Question 5

Newspapers can publish Parliamentary proceedings

Newspapers can publish any part of proceedings with the permission of the Speaker

Newspapers have also the freedom to publish expunged portions of the speech of an MP

Parliament has freedom to publish its proceedings

Solution

Question 6

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Solution

Question 7

The Company's circular is illegal and has to be quashed by the Court.

Circular issued by a Company amount to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.

The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.

The circular interferes with the freedom guaranteed by the Constitution and hence the High Court can issue an appropriate writ.

Solution

Question 8

He is not liable because he has fundamental rights under Article 21 of personal liberty.

He is liable because he denied to appear before Court.

He is not liable because he didn't see the murderer of Jessica Lal.

He is not liable because he is not the resident of Delhi.

Question 9

citizens of India only

all persons in case of infringement of any fundamental right

any person for enforcing any of the fundamental rights conferred on all persons

an aggrieved individual alone

Solution

Question 10

I and II

III and IV

II and IV

I, II, III and IV

Solution

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