Constitution Of India – Judiciary Question Practice series Part 4

Q1. In which of the following cases the Supreme Court of India has observed sexual harassment in the work place as a violation of human rights?

(a) Vishaka v. State of Rajasthan
(b) Kapila Hingorani v. State of Bihar
(c) Ahmed Khan v. Shahbano Begam
(d) None of these

Explanation- A

• The decision of the Supreme Court in Vishakha v State of Rajasthan was a landmark one as it laid down elaborate guidelines to deal with the menace of sexual harassment against women at workplaces.

Q2. The Supreme Court of India has traced the “Right of Privacy” in :-

(a) Article 14
(b) Article 19
(c) Article 21
(d) Article 22

Explanation- C

• The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017.
• The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
• The Puttaswamy judgement holds that the right to privacy is protected as a fundamental constitutional right under Articles 14, 19 and 21 of the Constitution of India.

Q3. Which one of the following is not included in Article 21 of the Constitution of India?

(a) Right to Die
(b) Right to Life
(c) Right to Livelihood
(d) Right to Dignity

Explanation- A

Q4. Which of the following judgments relates to prohibition against causing pollution and discomfort to the public due to smoking at public places?

(a) Sher Singh v. State of Punjab (AIR 1983 SC 465)
(b) Murli S. Deora v. Union of India (AIR 2002 SC 40)
(c) Raj Deo Sharma v. State of Bihar (AIR 1998 SC 328)
(d) Sita Ram v. State of U.P. (AIR 1983 SC 65)

Explanation- B

• The case of Murli S. Deora v/s. The Union of India had a remarkable impact on the passive smokers\’ right to live. Where there has been a moment when smoking in public spaces deprives in such public places the life of the non-smoker. It was also found that ” Why shouldn’t a non-smoker suffer from different cancers, including lung or heart cancer, simply because he wants to go to public places? Is that not an indirect violation of his life without any due process?

Q5. Which one of the following is popularly known as ‘habeas corpus case’?

(a) Delhi Domestic Working Women’s Forum vs. Union of India.
(b) Naz Foundation vs. N.C.T. of Delhi
(c) Vishaka vs. State of Rajasthan
(d) A.D.M. Jabalpur vs. S. Shukla

Explanation- D

• The Court held – Given the Presidential order dated 27 June 1975 no person has any locus standi to move any writ petition under Article 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention on the ground that the order is not under or in compliance with the Act or is illegal or is vitiated by mala-fides factual or legal or is based on extraneous consideration.

Q6. The case of Unnikrishnan v. State of Andhra Pradesh deals with which of the following rights?

(a)Right to go Abroad
(b)Right to Education
(c) Right to Privacy
(d) Right of an environment free from pollution

Explanation- B

Q7. The Right to Education upto the age of 14 years is a Fundamental Right under Article 21 held in which case?

(a)Unni krishnan us. State of Andra Pradesh
(b) Mohini Jain vs. State of Karnataka
(c) M.C. Mehta vs. Kamal Nath
(d) T.M.A. Pai Foundation us. State of Karnataka

Explanation- A

Q8. In which one of the following cases the Supreme Court of India has recognised “Transgender persons” to be persons of “Third gender”?

(a) National Legal Services Authority v. Union of India
(b) NALSAR University Hyderabad v. Union of India
(c) State Legal Services Authority v. Union of India
(d) Suresh Kumar Kaushal v. Naz Foundation

Explanation- A

• NALSA judgment in 2014 which seeks to give reservation to transgender as socially and educationally backward classes. Provision of free legal aid, supportive education, and social entitlement must be ensured for the Transgender community at ground level as suggested by NALSA Judgement.

Q9. “Article 21A-Right to education to all children of the age of six – fourteen years” has been inserted- the Constitution by :

(a) The Constitution 43rd Amendment Act, 1977
(b) The Constitution 86th Amendment Act, 2002
(c) The Constitution 70th Amendment Act. 1992
(d) The Constitution 74th Amendment Act, 1992

Explanation- B

Q10. Which of the following Fundamental Rights cannot be suspended during emergency ?

(a) freedom under Article 19
(b) right to Constitutional remedies under Article 32and 226
(c) rights under Articles 21 and 22
(d) rights under Article 20 and 21

Explanation- D

• After the 44th Amendment Act, it was agreed by the Court that in any case no person can be stripped of his right to life and personal liberty. Therefore Articles 20 and 21 cannot be suspended even in case of an emergency.

Q11. Safeguards against the arrest and detention are provided under which Article of the Constitution of India ?

(a) Article 25
(b) Article 22
(c) Article 14
(d) Article 19

Explanation- B

• Article 22(1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
• Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
• Article 22(3) – Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention
• These safeguards are, however, not applicable to Enemy aliens and People arrested under preventive detention law.

Q12. Under which one of the following Articles of the Constitution an accused person has been guaranteed the right to be informed of the nature and cause of accusation?

(a) Article 22(1)
(b) Article 22(3)
(c) Article 212
(d) Article 22(4)

Explanation- A

Q13. Find the mismatched out of the followings:

(a) Rights to equality and non-discrimination (Articles14-18).
(b) Right to cultural and educational freedom- (Articles29-30)
(c) Right to religious freedom (Articles 25-28)
(d) Rights against exploitation (Articles 20-22)

Explanation- D

• The Right against Exploitation is enshrined in Articles 23 and 24 of the Indian Constitution.

Q14. In which of the following cases the Supreme Court has elaborately issued the guidelines on child Labour under Article 23 of the Constitution of India?

(a) M.C. Mehta v. State of Tamil Nadu
(b) Bandhua Mukti Morcha v. Union of India
(c) Madan Gopal v. State of Orissa
(d) Both (a) and (b)

Explanation- D

Q15. Which Article provides that employment of children in hazardous factory is prohibited ?

(a) Article 21
(b) Article 22
(c) Article 23
(d) Article 24

Explanation- D

Q16. Which is not related to freedom to manage religious affairs under Constitution of India-

(a) To establish and maintain institutions for religious and charitable purpose
(b) To manage its own affair in matter of religion
(c) To administer properly in accordance with law
(d) To payment of taxes for promotion of any particular religion

Explanation- D

Q17. Freedom of conscience and free profession, practice and propagation of religion are-

(a) Subject to public order, morality and health
(b) Subject to public order, law and discipline
(c) Subject to law, executive order and statutory restrictions
(d) Subject to directive principles of State

Explanation- A

Q18. Under which Article of the Constitution of India State funded religious educational institution cannot impart the religious instructions?

(a) Article 29
(b) Article 25
(c) Article 26
(d)Article 28

Explanation- D

Q19. Article 30 guarantees the right :-

(a) to freedom of religion
(b) to minorities to establish educational institutions of their choice
(c) to be informed of the grounds for one’s arrest
(d) against trafficking and forced labour

Explanation- B

Q20. The right to Constitutional remedies in India is available to-

(a) Citizens of India only
(b) All persons, in case of infringement of any Fundamental Right
(c) All persons, for enforcing any of the Fundamental Rights, conferred on them
(d) An aggrieved individual alone

Explanation- C

Q21. In which of the following judgments was it held that the jurisdiction conferred upon the High Courts under Article 226 and upon the Supreme Court under Article 32 of the Constitution is part of the inviolable basic structure of the Constitution of India?

(a) Common Cause v. Union of India, (1999) 6 SCC 667
(b) L. Chandra Kumar v. Union of India, (1997) 3 SCC261
(c) In re Special Courts Bill, (1979) 1 SCC 380
(d) S.R. Bommai v. Union of India, (1993) 3 SCC1

Explanation- B

Q22. In which of the following case compensation was first time awarded for violation of Fundamental Rights?

(a) Sunil Batra v. Delhi Administration
(b) Rudal Sah v. State of Bihar
(c) Dharam Singh v. State of Jammu & Kashmir
(d) None o the above

Explanation- B

Q23. How many types of writ can the Supreme Court issue for the enforcement of Fundamental Rights?

(a) Six
(b) Four
(c) Five
(d)Three

Explanation- C

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