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Question 1 of 5
1. Question
2 pointsThe Right to Property is presently a statutory right. In such a scenario:
1. Remedy for violation of the right is available only in a High Court
2. There is no guaranteed right to compensation
Which of the above statements is/are correct?Correct
Remedy for violation of the right is available is also available in supreme Court by appeal
The Right to Property is a statutory right in India under Article 300A. Article 300-A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.Incorrect
Remedy for violation of the right is available is also available in supreme Court by appeal
The Right to Property is a statutory right in India under Article 300A. Article 300-A requires the state to follow due procedure and authority of law to deprive a person of his or her private property. -
Question 2 of 5
2. Question
2 pointsWhich of the following statements is/are correct about Right to Constitutional Remedies?
1. It is not maintainable during an Emergency
2. Parliament cannot amend or abrogate it by law or an amendment
Select the correct answer using the codes below:Correct
Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution. This provision makes the Supreme Court a guardian of the Constitution and a great protector of the fundamental rights
Article 32 is part of the basic structure, hence cannot be altered or amended. Supreme Court, through the decisive judgement of Justice H. R. Khanna in Keshavananda Bharti v. State of Kerala (1973) case, declared that the basic structure/features of the constitution is resting on the basic foundation of the constitution
Only Judiciary decides the basic features of the Constitution. In Indira Nehru Gandhi v. Raj Naraian and also in the Minerva Mills case, it was observed that the claim of any particular feature of the Constitution to be a “basic” feature would be determined by the Court in each case that comes before itIncorrect
Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution. This provision makes the Supreme Court a guardian of the Constitution and a great protector of the fundamental rights
Article 32 is part of the basic structure, hence cannot be altered or amended. Supreme Court, through the decisive judgement of Justice H. R. Khanna in Keshavananda Bharti v. State of Kerala (1973) case, declared that the basic structure/features of the constitution is resting on the basic foundation of the constitution
Only Judiciary decides the basic features of the Constitution. In Indira Nehru Gandhi v. Raj Naraian and also in the Minerva Mills case, it was observed that the claim of any particular feature of the Constitution to be a “basic” feature would be determined by the Court in each case that comes before it -
Question 3 of 5
3. Question
2 pointsWhich of the following statements correctly differentiate between Martial Law and National Emergency?
1. Martial law can be imposed only on the grounds of breakdown of law and order, whereas National emergency cannot be declared on the breakdown of law and order
2. Martial law is declared by the military and National Emergency is promulgated by the President
3. Under martial law administration is run by the military where as under National Emergency it is run by the civilian government
Select the correct answer using the codes below:Correct
Martial law is not described in the Constitution of India. Though the article 34 gives provisions for such situations it does not specifically state about the martial law. Martial law or such provisions are said to be imposed during extraordinary circumstances. And declaration of martial law is essentially an executive act, and not a legislative function.
Incorrect
Martial law is not described in the Constitution of India. Though the article 34 gives provisions for such situations it does not specifically state about the martial law. Martial law or such provisions are said to be imposed during extraordinary circumstances. And declaration of martial law is essentially an executive act, and not a legislative function.
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Question 4 of 5
4. Question
2 pointsWhich of the following statements is/ are correct about the National Commission on Minority Education Institution?
1. It is a statutory body
2. It adjudicates on the issue related minority tag to education institutions
Select the correct answer using the codes below:Correct
National Commission for Minority Educational Institutions (NCMEI) was established to protect and safeguard the educational institutions which are established by the religious minorities in India It is a statutory body established by National Commission for Minority Educational Institutions Act (NCMEI Act), 2004.This Commission is a quasi-judicial body and has been endowed with the powers of a Civil Court. It is to be headed by a Chairman who has been a Judge of the High Court and three members are to be nominated by the Central Government.
Role of the commission
The Commission has 3 roles namely adjudicatory function, advisory function and recommendatory powers.
1.So far as affiliation of a minority educational institution to a university is concerned, the decision of the Commission would be final.
2.The Commission has powers to advise the Central Government or any State Government on any question relating to the education of minorities that may be referred to it.
3.The Commission can make recommendations to the Central Government and the State Governments regarding any matter which directly or indirectly deprives the minority community of their educational rights enshrined in Article 30.Incorrect
National Commission for Minority Educational Institutions (NCMEI) was established to protect and safeguard the educational institutions which are established by the religious minorities in India It is a statutory body established by National Commission for Minority Educational Institutions Act (NCMEI Act), 2004.This Commission is a quasi-judicial body and has been endowed with the powers of a Civil Court. It is to be headed by a Chairman who has been a Judge of the High Court and three members are to be nominated by the Central Government.
Role of the commission
The Commission has 3 roles namely adjudicatory function, advisory function and recommendatory powers.
1.So far as affiliation of a minority educational institution to a university is concerned, the decision of the Commission would be final.
2.The Commission has powers to advise the Central Government or any State Government on any question relating to the education of minorities that may be referred to it.
3.The Commission can make recommendations to the Central Government and the State Governments regarding any matter which directly or indirectly deprives the minority community of their educational rights enshrined in Article 30. -
Question 5 of 5
5. Question
2 points‘Freedom of Religion’ for a religious denomination include/s:
1. Right to regulate secular aspects of the religion.
2. Right to acquire movable or immovable property.
Select the correct answer using the code below:Correct
Article 26 states that freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
- to establish and maintain institutions for religious and charitable purposes(not secular)
- to manage its own affairs in matters of religion
- to own and acquire movable and immovable property
- to administer such property in accordance with law
Incorrect
Article 26 states that freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
- to establish and maintain institutions for religious and charitable purposes(not secular)
- to manage its own affairs in matters of religion
- to own and acquire movable and immovable property
- to administer such property in accordance with law
