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CBSE Questions for Class 12 Commerce Legal Studies Human Rights In India Quiz 12 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Human Rights In India
Quiz 12
A patent is granted for a:
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New expression
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New invention
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New combination
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New discovery.
Explanation
A patent is granted for a new invention.
Who is associated with the remark, "the law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread"?
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Anatole France
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Glanville Williams
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Charles Dickens
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Victor Hugo.
Explanation
Anatole France
is associated with the remark, "the law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread".
When the President issues a Proclamation of Emergency
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All the fundamental rights are automatically suspended
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Only Article 19 is automatically suspended. The enforcement of all other fundamental rights can be suspended by an order of the President
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Only Article 19 is automatically suspended. The enforcement of all other fundamental rights (except Articles 20 and 21), can be suspended by an order of the President
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Only Article 19 is suspended. Other fundamental rights cannot be suspended.
Explanation
When the President issues a Proclamation of Emergency
Only Article 19 is automatically suspended. The enforcement of all other fundamental rights (except Articles 20 and 21), can be suspended by an order of the President.
The number of major religions in the world is _______.
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six
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seven
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eight
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nine
The Ilbert Bill controversy during Lord Ripon's time related to the concepts of
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Judicial Equality
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Political Representation
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Economic Justice
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Revenue Allocation.
Explanation
The Ilbert Bill controversy during Lord Ripon's time related to the concepts of Judicial equality.
A right which has a correlative duty can be legally enforces is called _____.
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an antecedent right
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a remedial right
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a perfect right
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an imperfect right
Explanation
A right which has a correlative duty can be legally enforces is called a perfect right.
In which among the cases, the Supreme Court held that Legislative power of a State or Union is subject to the fundamental rights and the legislature cannot indirectly take away or abridge fundamental rights which it could not do directly for granting either recognition or aid to minority institutions?
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TMA Pai Foundation v. State of Karnataka
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TMA Pai Foundation v. Union of India
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TMAPai Foundation v. State of Rajasthan
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None of the above
Explanation
In
TMA Pai Foundation v. State of Karnataka,
the Supreme Court held that Legislative power of a State or Union is subject to the fundamental rights and the legislature cannot indirectly take away or abridge fundamental rights which it could not do directly for granting either recognition or aid to minority institutions
If the jural corelative of right is duty, then the correlative of liberty is _____.
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Power
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Disability
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Liability
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No claim
Explanation
If the jural corelative of right is duty, then the correlative of liberty is no claim.
Which one of the following pairs is correctly matched ?
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Antecedent Remedial right
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Rights in rem Rights in re aliena
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Proprietary Contingent rights
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Positive Imperfect right
Article 12 of the Constitution defines 'State' for the purpose of enforcement of fundamental rights. Against which of the following institutions writs cannot be issued for the enforcement of fundamental rights _______________.
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High Court
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Income Tax Tribunal
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Delhi Municipal Corporation
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Port Trust
Explanation
Article 12 defines the term state. The first part of it is self-explanatory which expressly tells the institutions that are to be considered as a state while the other part, “other authorities” is deduction. The Apex court has ruled in various cases the nature of other authorities and a list of institutions has been formed by these ruling which comes under the definition of State. It includes railways, Judiciary and University under its definition. Since the High Court, while acting judicially ie., not in an administrative capacity or rulemaking capacity cannot violate fundamental rights, a writ cannot be issued against High Court as it not being a state for that purpose.
The petition under Article 32 of Constitution of India is ______________.
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subject to the Indian Limitation Act
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not subject to any of the Acts of India
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limitation at the direction of the Court
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none of the above.
Explanation
Article 32 provides for the enforcement mechanism on the violation of fundamental rights by the state. It is itself a fundamental right whereby a person can approach the supreme court directly for enforcing his/her fundamental rights and the supreme court has the power to issue writs and directions in this regard. The petition made under article 32 is independent of any statute or act or legislation. It is invoked only on the violation of fundamental rights at any stage or point of time.
Right to information Act, 2005 come into force on ?
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21 June 2005
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31 June 2005
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12 Oct 2005
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15 June 2005
Explanation
The Right to Information Act 2005 was passed by Parliament on 15 June 2005 and came into force on 12 October 2005.
Information is defined under which section of Right to Information Act, 2005?
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Section 2(c)
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Section 2(e)
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Section 2(a)
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Section 2(F)
Explanation
Information is defined under section 2(F) of the Right to Information Act ,2005.
Right to Information Act 2005, extends to ?
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whole of India
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whole of India except the state of Jammu and Kashmir and Tribe areas
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whole of India except's the Trible areas
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whole of india except the state of jammu and kashmir
Explanation
Right to Information Act 2005 extends to the whole of India except the state Jammu and Kashmir.
The RTI Act relpaces which Act ?
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Right to Information Act
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Right to Equality Act
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Freedom of Information Act
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None of these
Explanation
The Right to Information (RTI) act is an Act of parliament of India which replaces the Freedom of Information Act.
What is the full form of R.T.I?
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Right to Identity
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Right to Information
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Right to Instrument
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None of these.
Explanation
The full form of R.T. I is right to Information. Right to Information is act of the Parliament of India to provide for setting out the practical regime of the right to information for citizens and replaces the erstwhile.
Freedom of Information Act.
Right to Information is defined under section 2(j) of Right if Information Act, 2005.
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True
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False
Explanation
The Right to Information act is defined under section 2(j) of the Indian Constitution.
The Full Form of FOIA is ?
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Full of Information Act
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Freedom of Information Act
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Full of Interest Act
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None of these
Explanation
The Full form of FOIA is Freedom of Information Act that grants public access to information possessed by government agencies.
Choose the most appropriate option.
Which among the following was described by Dr. B. R. Ambedkar as the "heart and soul of the Constitution of India"?
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Right to Constitutional Remedies
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Right to equality
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Freedom of Religion
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Right to move throughout the territory of India
Explanation
'Right to constitutional remedies' was elaborated by BR Ambedkar , Chairman of drafting committee as the heart and sould of Indian constitution . It is defined in article 32 of our Indian constitution .A mere count of rights, regardless of whether it is carefully worded isn't sufficient . Article 32 of the Indian Constitution cherishes this arrangement whereby people may look for redressal for the infringement of their crucial rights.
Which of the following not comes under the definition of 'information' under RTI Act 2005 ?
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Log books
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File notings
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Data material at held in any electronic form
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Circulars
Explanation
File notings indicates the thought process of the government which not comes under the definition of 'information' under RTI Act 2005.
Choose the most appropriate option.
Which one of the following is not a Directive Principle of State Policy under Part IV of the Constitution of India?
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Promotion of adult education
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Promotion of International peace and security
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Organisation of village panchayats
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Provision for just and humane conditions of work and maternity relief
Explanation
The Directive Principle of State Policy under Part IV of the Constitution of India includes:
1.
Promotion of International peace and security;
2.
Organisation of village panchayats;
3.
Provision for just and humane conditions of work and maternity relief.
PIO refers to ________________.
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Public Interest Officer
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Public Information officer
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Both
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None of these
Explanation
PIO refers to public Information officer. They play a pivotal role in making the right of a citizen to Information a reality.
Choose the most appropriate option.
Which among the following does not belong to the 'right to freedom of religion'?
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Freedom of conscience and free profession, practice and propagation of religion
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Freedom from attending religious instruction or religious worship in certain educational institutions
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Freedom from payment of taxes for promotion of any particular religion
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Freedom of speech and expression
Explanation
Right to freedom of religion doesn't belongs to freedom of speech and expression.
One of the fundamental rights ensured by the constitution likewise incorporates right to opportunity of religion. India is a secualr country and in this manner each resident dwelling inside the region of India has the privilege to follow the religion of their choice.
This privilege fundamentally entitles each Indian resident and gives him the freedom to reside towards his preferred religion.
OFFIcal secrets Act 1923 is an obstacles to the Implementation of RTI Act ?
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True
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False
Explanation
OFFicial secrets Act 1923 is not an obstacles to the Implementation of RTI Act Section 22 of the RTI Act 2005 clearly says that RTI would over ride all existing Acts including Officials secrets Act.
__________has made the government more transparent.
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Equality
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Freedom
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Right to Information
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Social Justice
Explanation
Option (C).
Right to Information
has made the government more transparent.
Pallavi is arrested on the suspicion of causing grievous bodily harm to her husband. Pallavi claims that her husband was abusive, and that she hurt him in self-defence. Her lawyers plead for her to be released on bail awaiting the trial; the judge grants bail, but imposes a condition for the bail, which is that Pallavi must report to the police station nearest to her house every week. Pallavi claims that this condition violates her fundamental rights, and would amount to surveillance by the police. Will she succeed?
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No, since the condition is imposed by the judge, and not the police.
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No, since requiring her to report to the police station once a week does not constitute surveillance.
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Yes, since this would effectively amount to surveillance as the police would know her whereabouts.
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Yes, since she has not even been convicted of the offence she was charged with.
Explanation
The correct answer is (b) – no, since requiring her to report to the police station once a week does not constitute surveillance. After all, Pallavi is free to move about as she wishes, and only has to ensure she reports to the police station once a week – as such, the police would not be monitoring her movements, visiting her home, or picketing outside her house, and so, her fundamental rights are not violated by this condition.
Given this, option (c) cannot be the correct answer.
Option (a) is irrelevant, since the question relates to the effect of the condition, and not its source, and so, (a) cannot be the correct answer.
Option (d) is irrelevant to the question, since the fundamental right is not available only to people convicted of offences; therefore, (d) cannot be the correct answer.
Four alternatives are given for each of the following questions / incomplete statements. Only one of them is correct or most appropriate. Choose the correct alternative and write the complete answer along with its letter of alphabet.
U. N.adopted the Human Rights Declaration in the year
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1945
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1950
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1947
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1948
Explanation
The Universal Declaration of Human Rights is considered as a major event in the world history. The Human Rights Declaration prepared by the experts agreed upon by member countries was adopted in the UN general body meeting on December 10, 1948.
Mangesh lives in Bangalore, and has been arrested a few times in the past for petty offences like pickpocketing. He claims to have changed his ways, and now runs a small trading business. He was visiting Mumbai recently on work, and while he was in Mumbai, the police followed him around the city, to ensure he did not commit any crimes while in the city. Would Mangesh succeed if he filed a case claiming the Mumbai police violated his fundamental rights?
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Yes, since his actions did not pose a threat to public safety.
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Yes, since the police are being biased against him.
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No, since he had a history of committing criminal offences.
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No, since the police did not visit his home, but only followed him around in public places.
Explanation
The correct answer is (a) - yes, since his actions did not pose a threat to public safety. The Supreme Court, we are told, ruled in
Govind’s case
that “mere conviction in a criminal case does not warrant surveillance where there is nothing else that gravely imperils public safety”.
Since there is nothing to indicate that Mangesh’s actions imperilled public safety in any manner, his surveillance by the police violates his fundamental rights. Given this, option (c) cannot be the correct answer.
There is nothing in the facts provided to support option (b) and so, (b) cannot be the correct answer.
While the police may not have conducted domiciliary visits, they did monitor his movements and conduct surveillance on him, and so, option (d) cannot be the correct answer.
Which of the following is
NOT
a characteristic of Fundamental Right(FR)?
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FRs are not absolute but qualified.
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FRs are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
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They are defended and guaranteed by the Supreme Court.
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They are sacrosanct or permanent.
Explanation
Fundamental Rights are
not
sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary
act.
The Indian Constitution guarantees the rights of minorities against the majority.
According to Dr. B.R.Ambedkar, these Fundamental Rights have two fold
objectives ________
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That every citizen must be in a position to claim those rights.
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These rights must be binding upon every authority that has got the power to make
laws.
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None of the above.
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Both a and b
Explanation
The Indian Constitution guarantees the rights of minorities against the majority. According to Dr. B.R.Ambedkar, these Fundamental Rights have two-fold objectives of -a) That every citizen must be in a position to claim those rights; b) These rights must be binding upon every authority that has got the power to make laws
.
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