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CBSE Questions for Class 11 Commerce Legal Studies Basic Features Of The Constitution Of India Quiz 6 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Basic Features Of The Constitution Of India
Quiz 6
Why are the fundamentals rights considered essential?
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Necessary for the successful working of a democratic institution.
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Basic to the welfare, dignity and happiness of the individual.
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Both.
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None.
Explanation
Option C is correct.
Fundamental rights
are a group of
rights
that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment.
The
fundamental rights
were included in the constitution because they were
considered essential
for the development of the personality of every individual and to preserve human dignity.
So, the fundamental rights are necessary for the successful working of a democratic institution as well as they are basic to the welfare , dignity and happiness of the individual.
For the enforcement of fundamental rights, the supreme court may issue a _______________.
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Decree.
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Ordinance.
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Notification.
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Writ.
The right to Constitutional remedies in India is available to ________________.
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only the citizen of India
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all persons in case of infringement of any fundamental right
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any person for enforcing any rights conferred on them
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an aggrieved individual alone
The greatest hallmark of personal liberty is ______________.
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Certiorari.
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Quo warranto.
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Habeas corpus.
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Mandamus.
Explanation
Habeas Corpus is an important rule implemented by the judiciary which literally means 'bring the body'. It is a writ where it is required to present an arrested person in front of judicial magistrate in order to ensure that they are not detained under unlawful grounds. In India, under Article $$32$$ writs can be filed in Supreme court and under Article $$226$$ in High Courts.
Which of the following Articles deals with the amendment procedure of the Constitution?
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Article $$368$$
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Article $$358$$
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Article $$367$$
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All of these
Explanation
The
procedure
of
amendment
in the
constitution
is laid down in Part XX (
Article
368) of the
Constitution
of India. This
procedure
ensures the sanctity of the
Constitution
of India and keeps a check on arbitrary power of the Parliament of India.
Which of the following amendments imposed restrictions on the fundamental rights of the citizens to protect the sovereignty and integrity of the country?
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The $$14$$th Amendment
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The $$16$$th Amendment
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The $$24$$th Amendment
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The $$39$$th Amendment
Explanation
The 16th Amendment
imposed restrictions on the fundamental rights of the citizens to protect the sovereignty and integrity of the country.
Who can impose reasonable restrictions on the fundamental rights?
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Supreme Court.
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Parliament.
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President on the advice of the Council of Minister.
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None of these.
Explanation
Parliament
can impose reasonable restrictions on the fundamental rights.
Our Constitution grants _______ fundamental rights to the citizens.
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10
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6
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8
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11
Explanation
Our Constitution grants 6 fundamental rights to the citizens.
The Fundamental Rights of a citizen can be suspended.
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By the Parliament through a law enacted by two-thirds majority
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By the President during a national emergency
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By the Supreme Court
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None of the above
Directive principles are ______________________.
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not justiciable
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justiciable
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not justicable but fundamental in the governance of the country
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are superior to fundamental rights
Explanation
Directive Principles
are
fundamental in the governance of the country
.
But
they are
not
justifiable in the court of law when it is violated. Their nature is moral. These
principles
are only the directions to the state and law making bodies to keep in mind while framing policies and laws.
Hence, C is the correct option.
Principle: All citizens shall have the right to freedom of speech and expression.
Facts: X, a famous writer and novelist criticized another novelist, B stating that: 'The novel of B is foolish, he is a weak man, his novel is indecent, his mind is impure, he is not of a good character, he should write decent and good novel.' Can X be sued for defamation?
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He is not liable because he has just expressed his personal views
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He is liable to be used for defamation if his statement, was not true or said in malafide intention
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He cannot be liable because he has fundamental right to freedom of speech and expression
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He cannot be used, because both are writers and novelists and both can criticize each other
The fundamental right to __________ has been deleted by the __________ Amendment Act.
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form association; 54th
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property; 44th
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against exploitation; 42nd
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private property; 48th
Factual Situation: In order to ensure that people live in an amicable atmosphere, the Government of India decided to abolish courts and constituted dispute settlement boards. Further to achieve this objective, the law stipulated that lawyers should not be allowed to espouse the claims of parties, and instead their claims be espoused by social workers.
Legal Principles:
I. Any law made by the Parliament that infringes the fundamental rights of the citizens is invalid and unenforceable.
II. Freedom to carry on trade or profession of one's own choice is a fundamental right.
III. The Parliament is competent to impose reasonable restrictions on the exercise of this right.
IV. If the restrictions, on fundamental rights imposed by the Parliament, totally removes or nullifies any fundamental right then it will be construed as an unreasonable restriction.
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The law made by the Parliament is valid as it does not infringe any fundamental right.
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The law made by the Parliament is valid even though there is restriction of fundamental right, such a restriction is reasonable.
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The law made by the Parliament is invalid as it constitutes an infringement of the fundamental rights, and the restriction imposed is not reasonable.
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None of the above answer is correct.
A command by a court asking a public authority to perform its public duty is called the writ of ___________________.
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Habeas corpus.
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Quo warranto.
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Mandamus.
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Prohibition.
Explanation
The Constitution of India under Articles 32 and 226 empower the Supreme Court and the High Courts respectively to issue 5 kinds of prerogative writs for upholding fundamental rights guaranteed to persons under Part III of the Constitution. Writ of mandamus is one of such writs. The term 'mandamus' has been derived from the Latin word meaning 'we command'. In common law jurisdictions the superior court issues this writ to lower courts or a government official to order them to perform a mandatory duty in the correct manner.
It was issued for the first time in 1615 in England against a mayor to restore a person removed illegally from office, to his position. The writ was introduced in India through the Letters Patent creating the Supreme Court in Calcutta in 1773 and has gained immense importance with time.
Which Article of the constitution has provided for amendment of the constitution?
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348
0%
368
0%
370
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378
Explanation
Article
368 of the
Constitution
of India grants constituent power to make formal
amendments
and empowers Parliament to
amend
the
Constitution
by way of addition, variation or repeal of any
provision
according to the procedure laid down therein, which
is
different from the procedure for ordinary legislation.
Hence, B is the correct option.
Under which article of the constitution can an individual move to high court directly in case of violation fundamental rights?
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Article 226.
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Article 32.
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Article 34.
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Article 13.
Principle: The Constitution guarantees right of religion and expects the citizens to respect national anthem as a fundamental duty.
Facts: According to the religions tenets of a particular sect, singing the praise of any entity other than God is forbidden. The child, belonging to that sect, refuses to sing national anthem in the course of school assembly, in which every child must compulsorily participate. When the disciplinary action was instituted against the child, the parents challenged the school's order of singing the national anthem.
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The school can take disciplinary action against the child as it is fundamental duty to respect the national anthem
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The fundamental right to freedom of religion cannot be abridged by a fundamental duty imposed by the State
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The girl is free to follow the religion of her choice and follow its rules. It cannot be said to be disrespect on the part of the girl if she refuses to sing the national anthem
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None of the above
In which part of the constitution does the concept of welfare state find elaboration?
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Preamble
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Fundamental Rights
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Directive Principles of State Policy
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all the above
Explanation
Directive Principles
of State Policy
aims at providing a social and economic base
for
genuine democracy in the country
. It constitutes a very comprehensive
social
,
economic
and political program for welfare and modern State.
Hence, C is the correct option.
Which Article of the Constitution confers special status to the State of J & K?
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Article $$368$$
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Article $$370$$
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Article $$369$$
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Article $$309$$
Explanation
Article 370 of the Indian constitution
gave special status to Jammu and Kashmir,
a region located in the northern part of Indian Constitution,
conferring it with the power to have a separate constitution, a state flag and autonomy over the internal administration of the state.
[
The Directive Principles of State Policy seek _________________.
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to establish the supremacy of the constitution
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to curb the authoritarian rule
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to strengthen judiciary
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to make the Constitution an instrument of social change
Explanation
Directive Principles of State Policy
aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare
state.
Hence, D is the correct option.
This used to be a fundamental rights but is now a legal right only ______________.
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Cultural and educational
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Right to property
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Rights against exploitation
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Right to religious freedom
The theory of Fundamental Rights implies ________________.
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sovereignty of the people
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equality of opportunity for all
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limited government
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equality of all before law
Explanation
The theory of the Fundamental Rights implies a limited Government. Accordingly, they impose restrictions on the State. For example, the State cannot discriminate against citizens on grounds of caste, class, race, sex, religion, etc. Similarly, citizens cannot be deprived of the right to equality of opportunity in public employment.
The Directive principles of State policy are contained in ________________.
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Part$$III$$ of the constitution
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Part $$IV$$ of the constitution
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Schedue $$VII$$ of the constitution
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in all the above parts
Explanation
Part III of the Constitution was made Justiciable and the non-justiciable part was added in Part IV (Article 36 to Article 51) of the Indian Constitution. This part is called
the Directive Principles of State Policy
.
Hence, B is the correct option.
The Directive Principles aim at _________________.
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ensuring individual liberty
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ensuring strengthning of the country's independence
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providing a social and economic base for a genuine democracy in the country
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achieving all the above objectives
Explanation
The objective of
Directive Principles
of State Policy is that it
aims at providing a social and economic base
for
genuine democracy in the country
. It constitutes a very comprehensive
social
,
economic
and political program for welfare and modern State.
Hence, C is the correct option.
Supreme Court can grant special leave to appeal against decisions of lower courts and tribunals by virtue of __________________.
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Section 10 of the Supreme Court Rules.
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Article 136 of the Constitution
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Article 226 of the Constitution
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None of the above
Explanation
Artcle 136 deals with Special Leave Petition- SLP. Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
In which case did the Supreme Court strike down the provisions of the Constitution that accorded primacy to Directive Principles over Fundamental Rights?
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Sajjan Singh Case
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Golak Nath case
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Keshavananda Bharati case
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Minerva Mills case
Explanation
Golak Nath case
strike down the provisions of the Constitution that accorded primacy to Directive Principles over Fundamental Rights.
Social, economic and political justice is ____.
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a Directive Principle of State Policy taken into account while making law
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an ideal enshrined in the Preamble to the Constitution of India
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guaranteed by Fundamental Rights in the Constitution of India
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guaranteed by Supreme Court through its Writ Jurisdiction
Which of the following statements regarding the Constituent Assembly are true?
It was not based on Adult Franchise.
It resulted from direct elections.
It was a multi-party body.
It worked through several Committees.
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1 and 2
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2 and 3
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1, 3 and 4
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1, 2, 3 and 4
Explanation
The Constituent Assembly was not directly elected by the people of India on the basis of Adult Franchise but the voting was by the method of proportional representation by means of a single transferable vote. It represented almost all section of Indian Society. It had Congress Party, Muslim League and other small and Independent groups making it multi-party Assembly. It appointed several Committees to deal with different tasks of Constitution Making.
Who among the following was the Constitutional adviser to the Constituent Assembly of India?
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Dr. B.N. Rau
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Dr. B.R. Ambedkar
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K.M. Munshi
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M.C. Setalvad
Explanation
The Constituent Assembly was Constituted in November 1946 under the Scheme of Cabinet Mission Plan. The first meeting of Constituent Assembly was held on December 9, 1946. Sir B.N.Rau was appointed as the Constitutional advisor of the Assembly.
The words 'Secular' and 'Socialist' were added in the Preamble of Indian Constitution by which Constitution Amendment Act?
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24th Constitution Amendment Act
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25th Constitution Amendment Act
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42nd Constitution Amendment Act
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44th Constitution Amendment Act
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