Insights Static Quiz -104, 2018
Polity and Rights issues
INSIGHTS IAS QUIZ ON STATIC SYLLABUS - 2018
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Question 1 of 5
1. Question
For which of the rights enshrined in the Constitution, an individual can file writ petition directly in Supreme Court
- When tax is collected without a law being passed
- When adult suffrage is violated in elections to Lok Sabha
Select the right code
Correct
Answer – d
Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or nonfundamental rights
- No tax shall be levied or collected except by authority of law (Article 265 in Part XII).
- The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV)
In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy. He can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).
Incorrect
Answer – d
Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or nonfundamental rights
- No tax shall be levied or collected except by authority of law (Article 265 in Part XII).
- The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV)
In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy. He can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).
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Question 2 of 5
2. Question
Which of the following Fundamental Rights cannot be invoked if Parliament makes a law for acquisition of estates and related rights by the State
- Right to equality
- Right to freedom
- Right to life
Select the right code
Correct
Answer – c
Article 31A saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19
- Acquisition of estates17 and related rights by the State;
- Taking over the management of properties by the State;
- Amalgamation of corporations;
- Extinguishment or modification of rights of directors or shareholders of corporations; and
- Extinguishment or modification of mining leases
Incorrect
Answer – c
Article 31A saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19
- Acquisition of estates17 and related rights by the State;
- Taking over the management of properties by the State;
- Amalgamation of corporations;
- Extinguishment or modification of rights of directors or shareholders of corporations; and
- Extinguishment or modification of mining leases
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Question 3 of 5
3. Question
Article 31A is applicable to
- Laws made by Parliament
- Laws made by State legislatures
- Executive order by the Central government
Select the right code
Correct
Answer – a
Article 31A does not immunise a state law from judicial review unless it has been reserved for the president’s consideration and has received his assent
Incorrect
Answer – a
Article 31A does not immunise a state law from judicial review unless it has been reserved for the president’s consideration and has received his assent
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Question 4 of 5
4. Question
Which of the following subclauses of Article 31 is/are associated with IXth Schedule of the Constitution
- Article 31A
- Article 31B
- Article 31C
Select the right code
Correct
Answer – b
Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. Thus, the scope of Article 31B is wider than Article 31A. Article 31B immunises any law included in the Ninth Schedule from all the fundamental rights whether or not the law falls under any of the five categories specified in Article 31A
Incorrect
Answer – b
Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. Thus, the scope of Article 31B is wider than Article 31A. Article 31B immunises any law included in the Ninth Schedule from all the fundamental rights whether or not the law falls under any of the five categories specified in Article 31A
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Question 5 of 5
5. Question
Which of the following about a law placed under IXth Schedule, which is in contravention of Fundamental Rights, is true
Correct
Answer – c
Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. However, in a significant judgement delivered in January 2007, the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. The court held that judicial review is a ‘basic feature’ of the constitution and it could not be taken away by putting a law under the Ninth Schedule. It said that the laws placed under the Ninth Schedule after April 24, 1973, are open to challenge in court if they violated fundamentals rights guaranteed under Articles 14, 15, 19 and 21 or the ‘basic structure’ of the constitution.
Incorrect
Answer – c
Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. However, in a significant judgement delivered in January 2007, the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. The court held that judicial review is a ‘basic feature’ of the constitution and it could not be taken away by putting a law under the Ninth Schedule. It said that the laws placed under the Ninth Schedule after April 24, 1973, are open to challenge in court if they violated fundamentals rights guaranteed under Articles 14, 15, 19 and 21 or the ‘basic structure’ of the constitution.
