Insights Static Quiz -15, 2018

• Solution: d)

   

  https://lawnn.com/article-21-indian-constitution-right-life-indian-constitution/

Solution: d)

The Arms Act, 1878 is an Act of the Parliament of India to consolidate and amend the law relating to arms and ammunition in order to curb illegal weapons and violence stemming from them

All others are related to preventive detention:

In the normal course of things preventive detention laws should have lapsed after India attained Independence; but perhaps as the Republic of India had its birth amidst the ravages of civil commotion involving huge loss of lives and property, the framers of our Constitution decided to retain preventive detention as a means to curb anti-national activity. Thus, the Preventive Detention Act was passed by Parliament in 1950. After the expiry of this Act in 1969, the Maintenance of Internal Security Act (MISA) was enacted in 1971, followed by its economic adjunct the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) in 1974 and the Terrorism and Disruptive Activities (Prevention) Act (TADA) in 1985. Though MISA and TADA have been repealed, COFEPOSA continues to be operative along with other similar laws such as the National Security Act (NSA) 1980, the Prevention of Blackmarketing and Maintenance of Essential Commodities Act 1980 and the draconian Prevention of Terrorism Act (POTA) 2002; not to mention laws with similar provisions enacted by the State governments.

http://www.thehindu.com/op/2004/09/07/stories/2004090700101500.htm

Solution: b)

This is just to let you know it’s not part of the Indian constitution. Now don’t assume you should read all these laws!!

The right to a fair trial is a norm of international human rights law and also adopted by many countries in their procedural law. Countries like U.S.A., Canada, U.K., and India have adopted this norm and it is enshrined in their Constitution.  The right to a fair trial has been defined in numerous international instruments. The major features of fair criminal trial are preserved in Universal Declaration of Human Rights, 1948.

Article 10[i]- Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11[ii]- (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 14 of the International Covenant on Civil and Political Rights reaffirmed the objects of UDHR and provides that “Everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. Article 14(2) provides for the presumption of innocence, and article 14(3) sets out a list of minimum fair trial rights in criminal proceedings. Article 14(5) establishes the rights of a convicted person to have a higher court review the conviction or sentence, and article 14(7) prohibits double jeopardy

Section 11 of the Canadian Charter of Rights and Freedoms, protects a person’s basic legal rights in criminal prosecution.

Article 6 of the European Convention on Human Rights provides the minimum rights, adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter to everyone charged with a criminal offence.

The Sixth Amendment to the United States Constitution provides in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

As far as Indian legal system is concerned, the international promise of fair trial is very much reflected in its constitutional scheme as well as its procedural law. Indian judiciary has also highlighted the pivotal role of fair trial in a number of cases. It is designed to protect individuals from the unlawful and arbitrary curtailment or deprivation of their basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. The concept of fair trial is based on the basic principles of natural justice

Solution: c)

First statement is from NCERT Class XI Indian Constitution at Work (Page 38)

No citizen can be compelled to declare her religion in any form or declaration, the Bombay High Court ruled here on Tuesday. “Freedom of conscience under Article 25 of the Constitution encompasses in itself a freedom to an individual to take a view that he does not belong to any religion.  No authority which is a State can infringe the fundamental right to freedom of conscience,” the division bench of Justices Abhay Oka and Girish Kulkarni held.

http://www.thehindu.com/news/cities/mumbai/bombay-hc-ruling-on-freedom-of-conscience-hailed/article6445380.ece

Solution: a)

Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.”

NCERT Class XI Indian Constitution at Work (Page 38)