Preamble, Fundamental Rights & Duties Gk Questions

Correct Answer:-D ( against a general topic )
Description:-  Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as ‘Public Interest Litigation’ and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction.

Correct Answer:-A ( the head of the State is elected. )
Description:-  A republic is a form of government in which the country is considered a “public matter” (Latin: res publica), not the private concern or property of the rulers, and where offices of states are subsequently directly or indirectly elected or appointed rather than inherited. In modern times, a common simplified definition of a republic is a government where the head of state is not a monarch. In modern republics such as the United States and India, the executive is legitimized both by a constitution and by popular suffrage. Montesquieu included both democracies, where all the people have a share in rule, and aristocracies or oligarchies, where only some of the people rule, as republican forms of government

Correct Answer:-B ( A Sovereign Democratic Republic )
Description:-  The Constitution was enacted by the Constituent Assembly on 26 November, 1949, and came into effect on 26 January, 1950. As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this to read “sovereign socialist secular democratic republic”.

Correct Answer:-C ( Writ of Mandamus )
Description:-  A writ of mandamus or mandamus (which means “we command” in Latin) is the name of one of the prerogative writs in the common law, and is “issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision.

Correct Answer:-C ( The Directive Principles of State Policy )
Description:-  Independence of judiciary means a fair and neutral judicial system of a country. Article 50 in the Constitution Of India, belonging to the Directive Principles of State Policy, deals with separation of judiciary from executive. It says that the State shall take steps to separate the judiciary from the executive in the public services of the State.

Correct Answer:-C ( Non-resident citizens )
Description:-  The Indian citizenship and nationality law and the Constitution of India provide single citizenship for all of India. The provisions relating to citizenship upon adoption of the constitution are contained in Articles 5 to 11 in Part II of the Constitution of India. There is a form of Indian nationality, the holders of which are known as Overseas Citizens of India. The Constitution of India forbids dual citizenship or dual nationality, except for minors where the second nationality was involuntarily acquired. The Central Indian Government, on application, may register any person as an Overseas Citizen of India if that Person is of Indian Origin and is from a country which allows dual citizenship in some form or the other.

Correct Answer:-D ( Right to equal wages for equal work )
Description:-  The principle of ‘equal pay for equal work’ has an important place in India. It is read with Article 39(d) and Article 14 of the Constitution of India. During the 1970s and the 1980s, the Supreme Court applied this principle liberally, without demanding clear proof in the pleadings. It is not a fundamental right.

Correct Answer:-C ( Money Bill )
Description:-  A Money Bill can be introduced in Lok Sabha only. If any question arises whether a Bill is a Money Bill or not, the decision of Speaker thereon is final. The Speaker is under no obligation to consult any one in coming to a decision or in giving his certificate that a Bill is a Money Bill. The certificate of the Speaker to the effect that a Bill is a Money Bill, is to be endorsed and signed by him when it is transmitted to Rajya Sabha and also when it is presented to the President for his assent.

Correct Answer:-C ( A writ )
Description:-  Under the Indian legal system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court, and to the High Courts of Judicature of all Indian states. Parts of the law relating to writs are set forth in the Constitution of India. The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights, while High Courts, the superior courts of the States, may issue writs under Articles 226. The Constitution broadly provides for five kinds of “prerogative” writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition.

Correct Answer:-A ( 14 years )
Description:-  The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), which was passed by the Indian parliament on 4 August 2009, describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April, 2010.

Correct Answer:-B ( 42nd Amendment )
Description:-  The Constitution declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. The words “socialist” and “secular” were added to the definition in 1976 by the 42nd constitutional amendment. The word ‘secular’, though was specifically added in the Preamble in the year 1976, yet the original spirit of the Constitution was completely secular in nature. Its insertion into the Preamble has ensured that secularism has now become a source from which the constitutional provisions on secularism draw their authority and it has now become the central object which the Constitution seeks to establish. It is also one of the basic structures of our Constitution and no compromise can be made on this by any government.

Correct Answer:-D ( Right to Property )
Description:-  The right to property, also known as the right to protection of property, is a human right and is understood to establish an entitlement to private property. Right to property was originally a fundamental right, but is now a legal right.

Correct Answer:-B ( Certiorari )
Description:-  Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority. A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organization (eg. government) and to decide if the decision has been regular and complete, if there has been an error of law, if the tribunal had the power to make the decision complained of or whether the tribunal exceeded its powers in issuing the decision complained of.

Correct Answer:-B ( equality of opportunity )
Description:-  Equality of opportunity is a political ideal that is opposed to caste hierarchy but not to hierarchy per se. The background assumption is that a society contains a hierarchy of more and less desirable, superior and inferior positions.

Correct Answer:-C ( Dignity )
Description:-  The Forty-second Amendment of the Constitution of India, enacted in 1976, attempted to reduce the power of the Indian Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It also declared India to be a socialist and secular republic, and as securing fraternity assuring the unity “and integrity” of the Nation, by adding these words to the Preamble of the Constitution of India.

Correct Answer:-A ( a simple majority )
Description:-  Article 3 of the Indian Constitution deals with formation of new States and alteration of areas, boundaries or name of any of the existing States. The States of the Indian Union can be re-organised or their boundaries altered by 1an executive order of the Union government with the consent of the concerned State government by a simple majority in the ordinary process of legislation.

Correct Answer:-D ( We, the People )
Description:-  India is a democratic country. People of India elect their representative through direct franchise and representatives elect the government to make or amend rules & regulations and to carry out day to day functioning of governance. One basic principle of democracy is that people are the source of all political power. In a democracy, people rule themselves through institutions of self-governance.

Correct Answer:-B ( Right to contest elections )
Description:-  Civil and political rights are a class of rights based upon birthright into a polity or designation otherwise of human rights. They ensure a citizen’s ability to fully participate in the civil and political life of the state without discrimination or repression, and protect the freedom of classes of persons and individuals from unwarranted infringement into those rights by governments, private organizations, and other entities. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.

Correct Answer:-C ( Right to Constitutional Remedies )
Description:-  Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens’ fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari.

Correct Answer:-C ( Habeas Corpus )
Description:-  Habeas corpus means “you must present the person in court”. It is a writ (legal action) which requires a person under arrest to be brought before a judge or into court. This ensures that a prisoner can be released from unlawful detention, in other words, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner’s aid. The legal right to apply for a habeas corpus is also called by the same name.

Correct Answer:-B ( Money Bills )
Description:-  Money Bills are those that are classified under Article 110 (1) of the Constitution of India. The President may either give or withhold his assent to a Money Bill. Under the Constitution, a Money Bill cannot be returned to the House by the President for reconsideration.

Correct Answer:-B ( Directive Principles )
Description:-  The Directive Principles are an amalgam of diverse subjects embracing the life of the nation and include principles which are general statements of social policy, principles of administrative policy, socioeconomic rights and a statement of the international policy of the country. Articles 41-43A and Article 48 specifically target the working sections of the nation and provide for the betterment of the workers and their living conditions.

Correct Answer:-C ( Economic right )
Description:-  Political groups have demanded that the right to work, the right to economic assistance in case of unemployment, old age, and similar rights be enshrined as constitutional guarantees to address issues of poverty and economic insecurity, though these provisions have been enshrined in the Directive Principles of state policy.

Correct Answer:-C ( Adult franchise )
Description:-  The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. The Preamble mentions Justice, social, economic and political; LIBERTY, of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.

Correct Answer:-C ( Percentage of the population of the Group to the total population )
Description:-  There is only one article pertaining to the Minorities in the Constitution of India. Article 30 of the Constitution provides that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. The Constitution thus envisages that minorities can be based on religion or language. Minorities are identified on the basis of percentage of the population of the Group to the total population

Correct Answer:-A ( an official to perform public duty )
Description:-  The term “mandamus” literally means “command.” Writ of mandamus is issued to a person or lower level Court or a body by a superior Court. The writ of mandamus is either issued to oblige a person or the Court or a body for the execution of public duty or imposed on them to restrain them from executing a particular act. The writ of mandamus is an effective writ that checks the functioning of the government. The writ of mandamus is also popularly known as the writ of justice as it plays a significant role in rectifying the improper and irresponsible actions of government officials and it serves the purpose of almost all other writs.

Correct Answer:-C ( Eleven )
Description:-  The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years.

Correct Answer:-B ( Constitutional Right )
Description:-  It is a constitutional right. Article 326(in Part XV) of the Constitution gives this right. It is not a Fundamental right.

Correct Answer:-B ( Right to Property )
Description:-  The right to property, also known as the right to protection of property, is a human right and is understood to establish an entitlement to private property. The Constitution originally provided for the right to property under Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property. Article 31 provided that “no person shall be deprived of his property save by authority of law.” It also provided that compensation would be paid to a person whose property has been taken for public purposes. The provisions relating to the right to property were changed a number of times. The Forty-Forth Amendment of 1978 deleted the right to property from the list of fundamental rights

Correct Answer:-A ( United States of America )
Description:-  The development of constitutionally guaranteed fundamental human rights in India was inspired by historical examples such as England’s Bill of Rights (1689), the United States Bill of Rights (approved on 17 September, 1787, final ratification on 15 December, 1791) and France’s Declaration of the Rights of Man (created during the revolution of 1789, and ratified on 26 August, 1789).