Insights Static Quiz -179, 2018 –Polity

Solution: b)

• Statement 1 – The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.
• Statement 2 – Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, customary rights and so on.
• Statement 3 – In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive. It is concurrent with the jurisdiction of the high court under Article 226.
• Statement 4 – Article 32 cannot be invoked simply to determine the constitutionality of an executive order or a legislation unless it directly infringes any of the fundamental rights.

Solution: c)

• CJI is described as ‘Master of the Roster’. This refers to the privilege of the Chief Justice to constitute Benches to hear cases.
• This privilege was emphasised in November 2017, when a Constitution Bench, led by the then Chief Justice of India Dipak Misra, declared that “the Chief Justice is the master of the roster and he alone has the prerogative to constitute the Benches of the Court and allocate cases to the Benches so constituted.”
• It further said that “no Judge can take up the matter on this own, unless allocated by the Chief Justice of India, as he is the master of the roster.”

Solution: d)

Statement 1 – Article 25 covers not only religious beliefs (doctrines) but also religious practices (rituals).

Statement 2 – these rights are available to all persons—citizens as well as non-citizens.

Statement 3 – Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious denominations or their sections. In other words, Article 26 protects collective freedom of religion.

Statement 4 – Right to propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion. But, it does not include a right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike.

Solution: b)

When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. They (to be pursued further) must be reintroduced in the newly constituted Lok Sabha.

However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha.

The position with respect to lapsing of bills is as follows:

1. A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).
2. A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
3. A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
4. A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse. (Statement 2)
5. A bill passed by both Houses but pending assent of the president does not lapse.
6. A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse.

Solution: c)

Statement 1 – First Amendment Act, 1951

Statement 2 – Sixteenth Amendment Act, 1963

Statement 3 – Forty-second Amendment Act, 1976

Statement 4 – Forty-Fourth Amendment Act, 1978