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Question 1 of 5
1. Question
2 pointsWhich of the following statements accurately defines Rights?
Correct
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory
For example, Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-round development of the individuals and the countryIncorrect
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory
For example, Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-round development of the individuals and the country -
Question 2 of 5
2. Question
2 pointsWhich of the following is included in the term ‘state’ under Article 12?
1. State executive
2. Private agencies
3. The judiciary
Select the correct answer using codes given below:Correct
According to Article 12 of the Constitution of India, the term ‘State’ can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government.
Over the period of time, the Supreme Court has explained the ambit of ‘State’ to include corporations such as LIC and ONGC since they perform tasks “very close to governmental or sovereign functions.” In fact, the term ‘State’ also accommodates any authority that’s created by the Constitution of India and has the power to make laws.Incorrect
According to Article 12 of the Constitution of India, the term ‘State’ can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government.
Over the period of time, the Supreme Court has explained the ambit of ‘State’ to include corporations such as LIC and ONGC since they perform tasks “very close to governmental or sovereign functions.” In fact, the term ‘State’ also accommodates any authority that’s created by the Constitution of India and has the power to make laws. -
Question 3 of 5
3. Question
2 pointsWhich of the following statements correctly explains the importance of a Qualified right?
1. It leads to equal enjoyment of rights by all the citizens
2. Rights as checks on the State wilL not turn unreasonable
Select the correct answer using the code below:Correct
Some of the Fundamental rights are qualified, which means they can be restricted in some circumstances and within limits. In this, the state can lawfully interfere under certain conditions and put reasonable restrictions on its implementation.
For example , Article 14(equality before the law or equal protection of the laws) and 19(Freedom of speech and expression)Incorrect
Some of the Fundamental rights are qualified, which means they can be restricted in some circumstances and within limits. In this, the state can lawfully interfere under certain conditions and put reasonable restrictions on its implementation.
For example , Article 14(equality before the law or equal protection of the laws) and 19(Freedom of speech and expression) -
Question 4 of 5
4. Question
2 pointsNational awards do not form part of “Article 18” was a ruling given under:
Correct
Article 18 of the Indian Constitution – “Abolition of titles” : It prohibits the State to confer titles on anybody whether a citizen or a non citizen.
These National Awards were formally instituted in January 1954 by two Presidential Notifications. These Presidential Notifications also provide that any person without distinction of race, occupation, position or sex, shall be eligible for these awards and also that the decorations may be awarded posthumously.
In Balaji Raghavan v Union of India, the petitioners challenged the validity of these National Awards and requested the Court to prevent the Government of India from conferring these Awards. It was contended that the National Awards are titles within the meaning of Article 18 of the Indian Constitution. The Supreme Court held that the National Awards such as Bharat Ratna, Padma Bhushan and the Padma Shri are not violative of the principle of equality as guaranteed by the provisions of the Indian Constitution. These National Awards do not amount to “titles” within the meaning of Article 18 and, therefore, not violative of Article 18 of the ConstitutionIncorrect
Article 18 of the Indian Constitution – “Abolition of titles” : It prohibits the State to confer titles on anybody whether a citizen or a non citizen.
These National Awards were formally instituted in January 1954 by two Presidential Notifications. These Presidential Notifications also provide that any person without distinction of race, occupation, position or sex, shall be eligible for these awards and also that the decorations may be awarded posthumously.
In Balaji Raghavan v Union of India, the petitioners challenged the validity of these National Awards and requested the Court to prevent the Government of India from conferring these Awards. It was contended that the National Awards are titles within the meaning of Article 18 of the Indian Constitution. The Supreme Court held that the National Awards such as Bharat Ratna, Padma Bhushan and the Padma Shri are not violative of the principle of equality as guaranteed by the provisions of the Indian Constitution. These National Awards do not amount to “titles” within the meaning of Article 18 and, therefore, not violative of Article 18 of the Constitution -
Question 5 of 5
5. Question
2 pointsThe Official Secrets Act was in the news recently. Consider the following statements about it:
1. It imposes some special responsibilities on the Journalists
2. It gives the list of the confidential documents unavailable under RTI
Which of the above statements is/are correct?Correct
The Official Secrets Act 1923 is India’s anti-espionage act held over from the British colonial period. It states clearly that actions which involve helping an enemy state against India are strongly condemned. It also states that one cannot approach, inspect, or even pass over a prohibited government site or area. According to this Act, helping the enemy state can be in the form of communicating a sketch, plan, model of an official secret, or of official codes or passwords, to the enemy.
RTI Act and OSA – which has primacy?
Section 22 of the RTI Act provides for its primacy vis-a-vis provisions of other laws, including OSA which gives the RTI Act an overriding effect.
If there is any inconsistency in OSA with regard to furnishing of information, it will be superseded by the RTI Act.
But under Sections 8 and 9 of the RTI Act, the government can refuse information by classifying the document as “secret” under OSA Clause 6.Incorrect
The Official Secrets Act 1923 is India’s anti-espionage act held over from the British colonial period. It states clearly that actions which involve helping an enemy state against India are strongly condemned. It also states that one cannot approach, inspect, or even pass over a prohibited government site or area. According to this Act, helping the enemy state can be in the form of communicating a sketch, plan, model of an official secret, or of official codes or passwords, to the enemy.
RTI Act and OSA – which has primacy?
Section 22 of the RTI Act provides for its primacy vis-a-vis provisions of other laws, including OSA which gives the RTI Act an overriding effect.
If there is any inconsistency in OSA with regard to furnishing of information, it will be superseded by the RTI Act.
But under Sections 8 and 9 of the RTI Act, the government can refuse information by classifying the document as “secret” under OSA Clause 6.