ConstitutionalLaw_Internals_2_Sem1

Choose the correct answer:

1. Right of minorities to establish and administer educational institutions is provided under
a. Article 27
b. Article 28
c. Article 29
d. Article 30

2. The term ‘Hindus’ referred in article 25 includes

a. Hindus
b. Hindus and Jains
c. Hindus, Jains, and Buddhist
d. Hindus, Jains, Buddhist, and Sikh

3. Religious denomination has the right to own property, is provided under

a. Article 26(a)
b. Article 26(c)
c. Article 26 (e)
d. Article 26 (f)

4. Article 29(1) provides the right to establish and maintain institutions for preserving their
a. Language
b. Script
c. Culture
d. All

5. __________ is to facilitate agrarian reforms

a. Article 21A
b. Article 22 A
c. Article 31 A
d. Article 32 A

6. Jaffar Imam Naqvi Vs Election Commission of India is a public interest litigation on ____
a. Pavement dwellers
b. Right of under trails
c. Smoking in public places
d. Hate speech

7. Equal pay for equal work comes under ______ of the directive principles of the state policy.
a. Socio economic charter
b. Social security charter
c. Community charter
d. None of the above

8. Protection and improvement of forests and wild life is provided under ____
a. Article 47
b. Article 48 ** 48a
c. Article 49
d. Article 50 A

9. The concept of fundamental duties was borrowed from

a. Ireland
b. USSR
c. USA
d. UK

10. Dyarchy was introduced in

a. Government of India act 1919
b. Government of India act 1935
c. Simon commission
d. Independence act 1947

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11. Detenue’s right of representation is provided in
a. Article 22(2)
b. Article 22(3)
c. Article 22(4)
d. Article 22(5)

12. Beggar is prohibited

a. Article 22
b. Article 23
c. Article 24
d. Article 25

13. Supreme court held that secularism is a basic feature of the Indian constitution in
a. Golaknath Vs state of Punjab
b. S R Bommai Vs UOI
c. Menaka Gandhi Vs UOI
d. T M A Pai Vs State of Karnataka

14. Religious liberty is subject to

a. Public order and morality
b. Health
c. Both a and b
d. None of the above.

15. Right to manage matters of religion is provided under

a. Article 26(a)
b. Article 26(b)
c. Article 26(c)
d. Article 26(d)

16. Smoking in public place was banned by supreme court in

a. Murli Deora Vs UOI
b. Sheela Barse VS UOI
c. M C Mehta Vs UOI
d. Vineet Narain Vs UOI

17. “Speedy trial is an essential an integral and essential part of Article 21” held the supreme court
a. S R Bommai Vs UOI
b. Menaka Gandhi Vs UOI **
c. Hussainara Khatoon Vs State of Bihar
d. D C Wadhwa Vs UOI

18. ____ Provides that only the parliament shall have powers to legislate on Article 32, 33, and 34
a. Article 35
b. Article 36
c. Article 37
d. Article 38

19. Article 48 A requires the state to take steps to protect and improve
a. children
b. forests and wild life
c. weaker sections
d. None of the above

20. _________ is not a salient feature of the Indian constitution.

a. Adult suffrage
b. Dual citizenship
c. Secular state
d. Fundamental duties

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Fill in the blanks:
1. Freedom of religion grants every person the right to practice, Preach, and propagate any religion of their choice.
2. Hereditary post of priest was abolished by the supreme court in Seshammal case appointments for priests (Archakas)
3. In worter karamalki Vs state of Meghalaya the Supreme Court held that ____ is also included in religious freedom. **
4. T M A Pai Vs state of Karnataka is a landmark decision by the supreme court on Article 19(1)(g)
5. Article 39 provides for equal right of men and women to adequate means of Livelihood
6. Distributive justice is covered under Article 39 and 38
7. Prevention of insult to national honor act 1971 is the result of Article 51A
8. Fundamental duties were incorporated in the Indian constitution by way of 42 amendments.
9. M C Mehta Vs state of Tamil nadu is a milestone case on Article ___ **
10. Suni batra case is a landmark judgment on habeas corpus writ
11. Article 22 provides the right to consult and to be represented by a lawyer of his own choice.
12. Article 23 prohibits forced labor in any form
13. Curative petition can be filed under Article 32 (137)
14. Article 25(1) grants an Indian citizen the freedom to profess and propagate any religion and freedom of Practice
15. Article 27 provides freedom from payment of taxes for promotion of any particular religion
16. As per Article 29 minority community can preserve its language, script and culture by and through Educational intuitions
17. Traditional rule of locus standi is ignored in public interest litigation
18. Article 30(1) guarantee to all linguistic and All minorities the right to establish and the right to administer educational
institutions of their own choice.
19. The power under article 33 is only exercise by Parliament and not by the state legislatures
20. The basic concept of that the fundamental rights are justiciable and directive principles are Not justiciable

Short Notes:
1. Secularism
A system of doctrines and practices that disregards or rejects any form of religious faith and worship. Secularism is a
belief system that rejects religion, or the belief that religion should not be part of the affairs of the state.

It is a principle of separation of the state from religious institutions. "He believes that secularism means no
discrimination against anybody in the name of religion"

2. Uniform civil code

Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. It states
that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India. In other
words we can say that it means one country one rule.

The formation of UCC will boost the national integrity. Even though our country has diverse cultural values, a unified
personal law irrespective of gender, caste, creed etc will boost the national unity.

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3. Fundamental duties
The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and
to uphold the unity of India. These duties, set out in Part IV–A of the Constitution concern individuals and the nation.
Citizens are morally obligated by the Constitution to perform these duties.

Here the list of our fundamental duties.

1. To abide by the Constitution and respect the National Flag and the national anthem.
2. To cherish and follow the noble idea which inspired our national struggle for freedom.
3. To protect the sovereignty, unity and integrity of India.
4. To defined the country.
5. To promote the spirit of common brotherhood amongst all the people of India.
6. To preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment.
8. To develop the scientific temper and spirit of inquiry.
9. To safeguard public property.
10. To strive towards excellence in all spheres of individual and collective activity.
11. To provide opportunities for education to children between the age of 6 to 14 years { added by 86th
constitutional amendment act, 2002 }.

4. Doctrine of severability
A law becomes invalid only to the extent to which it is inconsistent with the fundamental rights. So only that part of
the law will be declared invalid which is inconsistent, and the rest of the law will stand.

However, on this point a clarification has been made by the courts that invalid part of the law shall be severed and
declared invalid if really it is severable, i.e. if after separating the invalid part the valid part is capable of giving effect
to the legislature‘s intent, then only it will survive, otherwise the court shall declare the entire law as invalid. This is
known as Doctrine severability.

5. Writs of mandamus
A writ of mandamus is a court order issued by a judge at a petitioner's request compelling someone to execute a duty
he is legally obligated to complete. It can also be issued when the authority of a higher court is required to order a
lower court or government agency to complete a duty to uphold the law

The party requesting a writ of mandamus to be enforced should be able to show that they have a legal right to compel
the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities: It
must be a duty of public nature and the duty must be imperative and should not be discretionary. Furthermore,
mandamus will typically not be granted if adequate relief can be obtained by some other means, such as appeal.

6. Writ of certiorari
A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court
and determine whether there were any irregularities. When a court issues a writ or certiorari it is referred to as
"granting certiorari", or 'cert.' Granting a writ of certiorari means merely that at least four of the justices have
determined that the circumstances described in the petition are sufficient to warrant review by the Court.

A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a
lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for
review, and arguments as to why the Court should grant the writ. Writ of Certiorari.

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7. Equal pay for equal work
The Indian Constitution recognized the principle of 'Equal Pay for Equal Work' for both men and women, and 'Right
to Work' through Article 39(d) and 41. Article 39d - The state shall, in particular, direct its policy towards securing –
that there is equal pay for equal work for both men and women. Equal pay for equal work is not directory declared by
Constitution as a fundamental right .BUT certainly, it is a constitutional GOAL

8. Right of arrested persons under law

Article 22(2) of the constitution provides that “no person who is arrested shall be detained in custody without being
informed as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be
defended by a legal practitioner of his choice.”

There are two types of rights available to the arrested-

1) Rights at the time of arrest
2) Rights at the time of trial

Below has been explained the rights available under both these categories:
 Right to remain silence:
 Right To Know The Grounds of Arrest
 Informing regarding the right to be released on bail
 Right of an arrested person to be taken before magistrate without delay

9. Restriction on freedom of religion

Public authorities cannot interfere with your right to hold or change your beliefs, but there are some situations in
which public authorities can interfere with your right to manifest or show your thoughts, belief and religion. This is
only allowed where the authority can show that its action is lawful, necessary and proportionate in order to protect:

Article 9 is a qualified right – meaning the freedom to manifest a religion or belief can be limited, so long as that
limitation:
 public safety
 public order
 health or morals, and
 the rights and freedoms of other people.
Action is ‘proportionate’ when it is appropriate and no more than necessary to address the problem concerned.

10. Social and economic charter.

(i) Social order based on justice- Article 38(1) provides that the state shall strive to promote the welfare of the people
by securing and protecting a social order in which justice – social, economic and political- shall inform all the
institutions of national life.
(ii) Economic justice- Article 39 specifically requires the state to direct its policy towards securing equal right of men
and women to adequate means of livelihood, equal pay for equal work for both men and women, to protect health of
workers and children are given opportunities and facilities to develop in a healthy manner and are protected against
exploitation and moral and material abandonment.

Article 38 and 39 embody the principle of distributive justice which connotes the removal of economic inequalities
rectifying the injustice resulting from transactions between unequal’s in society.

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