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CBSE Questions for Class 12 Commerce Legal Studies Human Rights In India Quiz 11 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Human Rights In India
Quiz 11
All plans, formulated by Planning Commission must be approved by the ________________.
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President
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Parliament
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National Development Council.
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Union Cabinet.
Explanation
All plans, formulated by Planning Commission must be approved by the National Development Council.
Any dispute regarding the violation of Fundamental Rights can be presented ________________.
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in the Supreme Court only
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in the High Court only
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either in the Supreme Court or in the High Court
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first in the Supreme Court and then in the High Court
Explanation
Any dispute regarding the violation of Fundamental Rights can be presented. The judiciary has been vested with responsibility to act as guardian of these rights. The right to move the Supreme Court for the enforcement of Fundamental Rights is itself a guaranteed right as provided for in Article 32 of the Constitution. Thus, whenever, the State or any authority or any person encroaches upon the rights of a person, the latter can move the Supreme Court or High Courts. These courts are empowered to issue directions and orders or writs for the enforcement of Fundamental Rights.
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.
Article 14 guarantees equality before law and equal protection of law to _____________.
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all persons living within the territory of India
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all Indian citizens living in India
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all persons domiciled in India
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all persons natural as well as artificial
Explanation
Article 14 declares that 'the State shall not deny to any person equality before the law and equal protection of the laws within the territory of India.' Article 14 of the Constitution denotes that the guarantee of the equal protection of laws is available to any person which includes any company or association or body of individuals.
Articles 20-22 relate to the fundamental right to life and personal liberty. These rights are available to ________________.
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citizens and non-citizens
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natural persons as well as artificial persons
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citizen only
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all persons who have juristic personality
The constitution allows preventive detention but stipulates _______________________.
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that no one should be detained beyond three months unless an Advisory Board authorises detention beyond that period.
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that the grounds for detention should be conveyed to the detenu before arresting him
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that the detenu must be produced before the nearest magistrate within a period of 24 hours of his arrest.
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All of the above
Explanation
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).
In India the right to "freedom of speech and expression" is restricted on the grounds of
the sovereignty and integrity of India.
contempt of court.
friendly relation with foreign states.
protection of minorities.
Select the correct answer using the code given below:
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1, 2 and 3
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2, 3 and 4
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1 and 3
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1, 2 and 4
Explanation
Option A is the correct answer. In India the right to "freedom of speech and expression" is restricted on the grounds of:
1. the sovereignty and integrity of India
2. contempt of court
3. friendly relation with foreign states
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.
Which of the following comes under Right to Equality?
Non-discrimination by State on grounds of religion or race.
Equal protection of the laws.
Equal pay for equal work.
Equality of opportunity in matters of employment under the State.
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I, II and III
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II, III and IV
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II and IV
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I, II and IV
Explanation
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
Which of the following is incorrect?
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Newspapers can publish Parliamentary proceedings
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Newspapers can publish any part of proceedings with the permission of the Speaker
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Newspapers have also the freedom to publish expunged portions of the speech of an MP
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Parliament has freedom to publish its proceedings
Explanation
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.
Consider the following statements:
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.
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?
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1 only
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2 only
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Both 1 and 2
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Neither 1 nor 2
Explanation
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.
Which of the following rights conferred by the Constitution of India is also available to non-citizens?
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Right to constitutional remedies
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Freedom to speech
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Freedom to move and settle in any part of the country
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Freedom to acquire property
Explanation
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.
Match the following:
Articles of the Constitution of India
A. Article 14
B. Article 15
C. Article 16
D. Article 17
Provision:
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India
'Untouchability' is abolished and its practice in any form is forbidden
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
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A - 2, B - 4, C - 1, D - 3
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A - 3, B - 1, C - 4, D - 2
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A - 2, B - 1, C - 4, D - 3
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A - 2, B - 4, C - 1, D - 2
Explanation
Option C is the correct answer. The correct match of the Articles of the Constitution of India to their description is as follows:
1. Article 14: The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India
2. Article 15: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
3. Article 16: There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
4. Article 17: 'Untouchability' is abolished and its practice in any form is forbidden
The Delhi High Court's decision in Naz Foundation case to decriminalize same gender consensual sex is regarding which section of the Indian Penal Code?
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Section $$375$$
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Section $$376$$
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Section $$377$$
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Section $$378$$
Explanation
The Delhi High Court's decision in Naz Foundation case to decriminalize same gender consensual sex is regarding section 377 of the Indian Penal Code
Which statement/s is/are not correct regarding the Fundamental Rights?
I. Some of these rights are not available to the Armed Forces.
II. They are automatically suspended when any emergency is proclaimed by the President.
III. The President alone can decide upon modifying their application to the Armed Forces.
IV. They cannot be amended as they form a basic feature of the Constitution
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I and II
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II, III and IV
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I and IV
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I, II, III and IV
Explanation
The Fundamental rights can be suspended during National emergency except Article 20(right against conviction and self-incrimination) and Article 21(Right to life) while Article 19 can only be suspended on the ground of war and external aggression.
The application of these rights to armed forces can only be restricted by the Parliament.
The Fundamental Rights are not permanent they can be amended by Parliament without affecting 'Basic Structure' of the Constitution.
Hence, statements II, III, and IV are not correct regarding Fundamental Rights.
The right to constitutional remedies in India is available to ________________.
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citizens of India only
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all persons in case of infringement of any fundamental right
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any person for enforcing any of the fundamental rights conferred on all persons
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an aggrieved individual alone
Explanation
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.
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.
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I and II
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III and IV
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II and IV
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I, II, III and IV
Explanation
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.
"The present Chairperson of the National Human Rights Commission of India is
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Justice A.S. Anand
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Justice P.N. Bhagwati
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Justice H.L. Dattu
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Justice Swatantra Kumar
Explanation
The present Chairperson of the National Human Rights Commission of India is
Arun Kumar Mishrais
The law that gives monopoly rights in relation to inventions is known as:
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Copyright law
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Patent law
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Trade Mark law
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Design law
Explanation
The law that gives monopoly rights in relation to inventions is known as Patent law.
Right to vote in India is based on the principle of
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Restricted franchise
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Hereditary privilege
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Universal adult franchise
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Educational qualifications.
Explanation
Right to vote in India is based on the principle of Universal adult franchise.
Which of the following has been declared and enacted as a new offence under IPC.
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Acid attack
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Homosexuality
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Mercy killing
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Honour killing
Explanation
Acid attack
has been declared and enacted as a new offence under IPC.
A right available against world at large is
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Right in personam
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Right in rem
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Right in pleno
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Right in situ
Explanation
A right available against world at large is Right in rem.
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.
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The Company's circular is illegal and has to be quashed by the Court.
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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.
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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.
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The circular interferes with the freedom guaranteed by the Constitution and hence the High Court can issue an appropriate writ.
Explanation
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.
"Ignorance of the law excuses no man, not that all men know the law, but because it is an excuse every man will plead." Who said these words?
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Rousseau
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John Wilson
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John Selden
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B.H. Brewster
Explanation
"Ignorance of the law excuses no man, not that all men know the law, but because it is an excuse every man will plead." - John Selden.
The "Right to Information" (RTI) is a
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Constitutional Right
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Legal Right
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Fundamental Right
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Contractual Right
Explanation
The "Right to Information" (RTI) is a Legal right.
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?
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He is not liable because he has fundamental rights under Article 21 of personal liberty.
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He is liable because he denied to appear before Court.
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He is not liable because he didn't see the murderer of Jessica Lal.
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He is not liable because he is not the resident of Delhi.
The Chairman of National Human Rights Commission of India is
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Justice K.G. Balakrishnan
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Justice A.S. Anand
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Justice Rajendra babu
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Justice H.L. Dattu.
Explanation
Arun Kumar Mishrais the current
chairman
of the
National Human Rights Commission
. He is the former judge of the Supreme Court.
Who is the Chairperson of National Human Rights Commission?
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Justice J.S. Verma
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Justice A.S. Anand
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Justice H. L. Dattu
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Justice AR. Lakshman.
Explanation
Justice H L Dattu is the chairperson of National Human Rights commission.
R.T.I stands for
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Revenue Transactions in India
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Research and Technology Institute
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Rural and Transparency Infrastructure
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Right to Information.
Explanation
R.T.I stands for
Right to Information..
The present Chairperson of the National Human Rights Commission of India are
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Justice A.S. Anand
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Justice P.N.Bhagwati
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Jusice Arun Kumar Mishra
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Justice Swatantra Kumar.
Explanation
Arun Kumar Mishra is the current
chairman
of the
National Human Rights Commission
. He is the former judge of the Supreme Court.
Which of the following is a fundamental duty?
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Equal pay for equal work
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Respect to parents
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Renounce practices derogatory to the dignity of women
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None of the above
Explanation
Renounce practices derogatory to the dignity of women is a fundamental duty.
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