Fundamental Rights (Art 12-35) — Set 8
Constitution Special · मूल अधिकार (अनु. 12-35) · Questions 71–80 of 200
Article 28 prohibits religious instruction in which type of institutions?
Correct Answer: B. Institutions wholly maintained out of State funds
Article 28 prohibits religious instruction in educational institutions wholly maintained out of State funds. However, institutions established under endowments or trusts that require religious instruction may provide it. Students at State-aided institutions cannot be compelled to attend religious instruction without consent. This balances the secular character of State-funded education with respect for religious freedom.
Article 35 gives exclusive power to legislate on certain Part III matters to?
Correct Answer: B. Parliament only
Article 35 gives Parliament exclusive power to make laws giving effect to certain provisions within Part III including Articles 16(3), 32(3), 33, and 34. State Legislatures cannot legislate on these matters. This centralisation ensures uniform implementation of Fundamental Rights across all states. The exclusivity of Parliament's power maintains national uniformity in protecting civil liberties.
The writ of Mandamus compels?
Correct Answer: B. A public authority to perform its legal duty
Mandamus (meaning 'we command') is issued to a public authority, lower court, or government official to perform a specific legal duty it is obligated to perform. It cannot be issued against private persons or for discretionary functions. It ensures public officials comply with their statutory obligations. It is an effective remedy when a person's right is affected by inaction of a public body.
Which article allows the President to suspend enforcement of Fundamental Rights (except Arts 20 and 21) during National Emergency?
Correct Answer: D. Article 359
Article 359 allows the President to suspend the right to move any court for enforcement of Fundamental Rights (except Articles 20 and 21) during a National Emergency, through a Presidential Order. Article 358 automatically suspends Article 19 during an external emergency. Articles 20 and 21 cannot be suspended even during the most severe national emergency, preserving the core protections of criminal law and the right to life.
The double jeopardy principle is protected under?
Correct Answer: C. Article 20(2)
Article 20(2) protects against double jeopardy — no person shall be prosecuted and punished for the same offence more than once. This principle is borrowed from English common law. The protection applies only when a person has been both prosecuted AND punished, not merely prosecuted. This ensures the State cannot repeatedly subject a person to criminal proceedings for the same act.
Preventive detention without Advisory Board approval under Article 22 can last for a maximum of?
Correct Answer: C. 3 months
Article 22(4) provides that no preventive detention law shall authorise detention beyond 3 months unless an Advisory Board of persons qualified to be High Court judges reports sufficient cause. After Advisory Board approval, detention can be extended. The 3-month limit is a safeguard against indefinite preventive detention. The National Security Act and COFEPOSA are enacted under this constitutional framework.
Article 27 prohibits levying taxes for which purpose?
Correct Answer: B. Promotion or maintenance of any particular religion
Article 27 provides that no person shall be compelled to pay taxes whose proceeds are specifically used for the promotion or maintenance of any particular religion or religious denomination. This reflects the principle of State neutrality in religious matters. It prevents the State from using public money to favour any one religion. This is an important aspect of India's secular constitutional character.
The writ of Certiorari is issued to?
Correct Answer: B. Quash an order of an inferior court or quasi-judicial body acting beyond jurisdiction
Certiorari is a corrective writ issued by a superior court to quash an order of an inferior court or quasi-judicial body acting beyond its jurisdiction or in violation of natural justice. Unlike Prohibition (which is preventive), Certiorari is issued after the order has been made. Both the Supreme Court and High Courts can issue this writ. It is commonly used to quash illegal administrative and judicial orders.
Which article prohibits discrimination in access to public places like shops and wells on grounds of religion, race, caste, sex or place of birth?
Correct Answer: B. Article 15(2)
Article 15(2) prohibits discrimination in access to public places including shops, public restaurants, hotels, places of public entertainment, wells, tanks, ghats, roads, and places of public resort that are maintained wholly or partially out of State funds or dedicated to the public. This provision extends equality protection beyond State action to everyday public life. It is an important step towards social equality in India.
In Olga Tellis v. Bombay Municipal Corporation (1985), Article 21 was interpreted to include?
Correct Answer: B. Right to livelihood
In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that the right to livelihood is an integral part of the right to life under Article 21. The case involved pavement dwellers in Bombay who challenged their eviction. The court ruled that depriving a person of their livelihood is tantamount to depriving them of life itself. This judgment expanded Article 21 to encompass socio-economic dimensions of life.