QUIZ – 2020: INSIGHTS STATIC , 16 March 2021 – Polity

Solution: a)

Article 366 contains the definitions of various terms used in different provisions of the constitution. These are mentioned below:

• Agricultural Income means agricultural income as defined for the purposes of the enactments relating to Indian income-tax.
• Securities include stock.
• Union Territory means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.

The term “procedure established by law” is not defined.

Source

Solution: d)

The Constitution of India stands for a secular state. Hence, it does not uphold any particular religion as the official religion of the Indian State. The following provisions of the Constitution reveal the secular character of the Indian State:
(a) The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42^nd Constitutional Amendment Act of 1976.
(b) The Preamble secures to all citizens of India liberty of belief, faith and worship.
(c) The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).
(d) The State shall not discriminate against any citizen on the ground of religion (Article 15).
(e) Equality of opportunity for all citizens in matters of public employment (Article 16).
(f) All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion (Article 25).
(g) Every religious denomination or any of its section shall have the right to manage its religious affairs (Article 26).
(h) No person shall be compelled to pay any taxes for the promotion of a particular religion (Article 27).
(i) No religious instruction shall be provided in any educational institution maintained by the State (Article 28).
(j) Any section of the citizens shall have the right to conserve its distinct language, script or culture (Article 29).
(k) All minorities shall have the right to establish and administer educational institutions of their choice (Article 30).
(l) The State shall endeavour to secure for all the citizens a Uniform Civil Code (Article 44).

Solution: c)

The Supreme Court, while deciding the Oleum gas leak case of Delhi in 1986, found strict liability woefully inadequate to protect citizens’ rights in an industrialised economy like India and replaced it with the ‘absolute liability principle’.

Under the absolute liability principle, the apex court held that a company in a hazardous industry cannot claim any exemption.

It has to mandatorily pay compensation, whether or not the disaster was caused by its negligence. The court said a hazardous enterprise has an “absolute non-delegable duty to the community”.

The principle of absolute liability is part of Article 21 (right to life). 

Solution: a)

Dr B R Ambedkar had said ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.’

What is called Directive Principles is merely another name for the instrument of instructions.

The only difference is that they are instructions to the legislature and the executive.

Solution: d)

The original constitution did not provide for the fundamental duties of the citizens. These were added during the operation of internal emergency (1975–77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.

Rights and duties of the citizens are co-relative and inseparable.