Daily Prelims Test (Day-6)

Answer: D

Explanation:

Statement A is incorrect: Democracy is more than politics; it includes social, economic, and cultural dimensions, promoting equality, freedom, and citizen participation.

Statement B is incorrect: While democracy can foster economic growth, it’s not a guaranteed path to prosperity. Democratic societies often prioritize political freedoms and social equality, which can create a stable and predictable environment for businesses to thrive. However, economic success also depends on various other factors.

Statement C is incorrect: While majority opinion matters, democracy protects minority rights and individual freedoms to prevent tyranny of the majority.

Statement D is correct: Citizen participation in elections, debates, and decision-making is central to democracy, ensuring accountability and representation.

Answer: B

Explanation:

Please refer to the correct matches given below:

1813: Abolished the trade monopoly of the company in India i.e. the Indian trade was thrown open to all British merchants. However, it continued the monopoly of the company over trade in tea and trade with China.

1833: Made the Governor-General of Bengal as the Governor-General of India.

1853: Introduced for the first time an open competition system of selection and recruitment of civil servants.

Answer: A

Explanation:

Statement 1 is incorrect: Fundamental Rights are not absolute. They are qualified and subject to reasonable restrictions imposed by the State on grounds such as national security, public order, morality, and sovereignty.

Statement 2 is correct: While most Fundamental Rights are enforceable against the State, some are available against private individuals as well. Examples include the prohibition of untouchability (Article 17), the prohibition of human trafficking and forced labour (Article 23), and the prohibition of child labour in hazardous employment (Article 24).

Statement 3 is incorrect: Not all Fundamental Rights are suspended automatically, and some cannot be suspended at all.

• • Only rights under Article 19are automatically suspended, and even then, only during a National Emergency declared on the grounds of war or external aggression (External Emergency).
  • Under Article 359, the President can suspend the right to move courts for the enforcement of other rights, but the 44th Amendment Act (1978) mandates that the enforcement of Articles 20 and 21 can never be suspended, even during an emergency.

Answer: D

Explanation: Article 12 provides a broad definition of the term “State” for the purpose of Part III (Fundamental Rights). This ensures that Fundamental Rights are enforceable against a wide range of authorities.

Statement 1 is correct: Article 12 explicitly includes the Government and Parliament of India (the Executive and Legislative organs of the Union). It also includes the Government and Legislatures of the States.

Statement 2 is correct: The definition includes “other authorities” within the territory of India or under the control of the Government of India. The Supreme Court has consistently held that statutory bodies (created by an Act of Parliament) and non-statutory bodies like LIC, ONGC, SAIL, GAIL, and even IDBI fall under the ambit of ‘State’.

Statement 3 is correct: Through various judgements (such as Ajay Hasia v. Khalid Mujib), the Supreme Court has ruled that even a private body or agency acting as an “instrumentality or agency” of the government is considered ‘State’ under Article 12. For this, the court looks at factors like deep and pervasive state control, functional character, and financial dominance by the government.

Answer: B

Explanation:

Statement 1 is correct: The concept of ‘Equality before Law’ is a negative concept of British origin (derived from A.V. Dicey’s ‘Rule of Law’). The concept of ‘Equal Protection of Laws’ is a positive concept taken from the American Constitution (14th Amendment).

Statement 2 is incorrect: Article 15 prohibits discrimination against any citizen on grounds only of religion, race, caste, sex, or place of birth. It does not include “residence” as a prohibited ground for discrimination. Note that Article 16 (equality of opportunity in public employment) includes “residence” as a prohibited ground, but Article 15 does not

Statement 3 is correct: In the landmark Indira Nehru Gandhi v. Raj Narain (1975) case, the Supreme Court ruled that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the Constitution. This means it cannot be destroyed even by a constitutional amendment under Article 368.

Answer: D

Explanation:

Statement 1 is correct: Article 19(1)(c) guarantees the right to form associations, which includes the right to form trade unions. However, the Supreme Court has ruled (e.g., in the T.K. Rangarajan v. Government of Tamil Nadu case) that this does not include a fundamental right to strike. Strikes are governed by statutory laws like the Industrial Disputes Act, not by the Constitution as a fundamental right

Statement 2 is correct: The freedom of speech and expression under Article 19(1)(a) is broad. It encompasses not only the right to express one’s own opinions but also the right to propagate the views of others. This is why the freedom of the press (which involves publishing the views of various people) is considered part of this Article

Statement 3 is correct: The rights guaranteed under Article 19 are enforceable only against the State (as defined in Article 12) and its instrumentalities. They are not available against private individuals. If a private individual violates these rights, the remedy lies under ordinary law, not through a writ petition for violation of Article 19

Answer: B

Explanation:

Statement 1 is correct: This is the literal text of Article 21, which states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This ensures that any state action depriving someone of liberty must be backed by a validly enacted law.

Statement 2 is correct: In the landmark Maneka Gandhi v. Union of India (1978) case, the Supreme Court moved beyond the literal “procedure established by law” (which only required that a law exist). The Court ruled that the procedure must also be “just, fair, and reasonable” and not arbitrary. This judicial interpretation effectively imported the American doctrine of “substantive due process” into Article 21.

Statement 3 is incorrect: Article 21 is one of the Fundamental Rights that is available to all persons, including foreigners (aliens). It is not restricted only to citizens of India.

Answer: A

Explanation:

Statement 1 is correct: Article 25 of the Indian Constitution provides for the “freedom of conscience and the right freely to profess, practise and propagate religion”. Judicial interpretation has established that this protection extends not only to religious beliefs (doctrines) but also to religious practices (rituals), ceremonies, and modes of worship that are integral to a particular religion.

Statement 2 is correct: While Article 25 guarantees religious freedom, it is not absolute. Under Article 25(2)(a), the State is expressly permitted to make laws regulating or restricting any economic, financial, political, or other secular activity that may be associated with religious practice. For example, the Supreme Court has held that the service of a priest can be considered a secular activity subject to state regulation.

Statement 3 is incorrect: The right to “propagate” religion under Article 25(1) means the right to transmit or spread one’s religious beliefs to others through an exposition of its tenets. However, as established by the Supreme Court in the landmark case Rev. Stanislaus v. State of Madhya Pradesh (1977), the right to propagate does not include a fundamental right to convert another person to one’s own religion. The court ruled that purposeful conversion impinges on the “freedom of conscience” guaranteed to all citizens equally.

Answer: B

Explanation:

Statement 1 is incorrect: While Article 29 does grant protection to religious and linguistic minorities, it is not restricted to them only. Because the article uses the term “section of citizens,” it includes both minorities and the majority community. In contrast, Article 30 is the only provision specifically and exclusively confined to “minorities”.

Statement 2 is correct: Under Article 30, all minorities (whether based on religion or language) have the fundamental right to establish and administer educational institutions of their choice. This right ensures that minorities can preserve their distinct identity through education.

Statement 3 is correct: Although the heading of Article 29 refers to the “Protection of interests of minorities,” the text uses the phrase “any section of citizens.” The Supreme Court (e.g., in the D.A.V. College case) ruled that this right is not restricted to minorities but extends to the majority community as well if they have a distinct language, script, or culture to conserve.

Answer: B

Explanation:

Statement 1 is correct: Under Article 32, the Supreme Court’s writ jurisdiction is restricted to the enforcement of Fundamental Rights. In contrast, under Article 226, High Courts have a wider scope; they can issue writs for the enforcement of Fundamental Rights and for “any other purpose,” which includes ordinary legal rights.

Statement 2 is incorrect: The writ of Quo-Warranto is a unique exception to the traditional rule of locus standi. It can be sought by any interested person or member of the public, and it is not necessary that the petitioner be the “aggrieved person”. This is because the writ addresses the public interest in ensuring that only legally qualified individuals hold substantive public offices.

Statement 3 is correct: According to Article 32(3) of the Constitution, Parliament may by law empower any other court to exercise all or any of the powers exercisable by the Supreme Court (issuing writs) within its local limits. This can be done without prejudice to the existing powers of the Supreme Court and High Courts.