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Fundamental Rights — Set 6

Indian Polity · मौलिक अधिकार · Questions 5160 of 120

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1

The phrase 'Procedure Established by Law' in Article 21 is borrowed from?

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Correct Answer: D. Japan

This phrase is borrowed from the Japanese Constitution. It contrasts with the American 'Due Process of Law'. It implies strict adherence to the enacted law.

2

The right to move the Supreme Court for enforcement of rights is guaranteed by?

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Correct Answer: B. Article 32

Article 32 guarantees this right specifically. Article 226 is for High Courts but is not a Fundamental Right itself. Article 32 is a Fundamental Right.

3

Which of the following rights is available to foreigners in India?

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Correct Answer: B. Article 14

Article 14 (Equality before Law) is available to all. It applies to 'any person', not just citizens. Articles 15, 16, and 19 are reserved for citizens.

4

The Mandal Commission Report pertains to reservation for?

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Correct Answer: C. OBC

The Mandal Commission recommended OBC reservation. It led to 27% reservation in central services. The Indra Sawhney case upheld this implementation.

5

Which Article gives the Parliament power to modify Fundamental Rights for intelligence organizations?

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Correct Answer: B. Article 33

Article 33 covers intelligence organizations too. It applies to forces charged with public order. Parliament restricts their rights to ensure duty performance.

6

Who has the power to effect legislation to give effect to Fundamental Rights?

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Correct Answer: A. Parliament

Article 35 vests this power in the Parliament. State legislatures cannot make laws to enforce Fundamental Rights. This ensures uniformity across India.

7

The 'Doctrine of Eclipse' applies to?

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Correct Answer: D. Pre-constitutional laws

This doctrine applies to pre-constitutional laws. Such laws remain dormant if they violate Fundamental Rights. They become active again if the conflict is removed.

8

The right to travel abroad is considered part of?

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Correct Answer: C. Article 21

The Maneka Gandhi case linked this to Article 21. It is part of personal liberty. Article 19 protects movement only within India.

9

Under Article 19, restrictions must be?

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Correct Answer: A. Reasonable

Restrictions on Article 19 must be reasonable. They are not absolute or arbitrary. The courts decide if a restriction is reasonable.

10

The 'Rule of Law' is embodied in?

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Correct Answer: B. Article 14

Article 14 embodies the Rule of Law. It ensures no one is above the law. This concept comes from A.V. Dicey's theory.