Answer with Explanation for Polity- Special MCQ-10
Q1. Correct Answer : D
Unconstitutional executive actions can be questionedunder Article 32 only if they violate fundamental rights. Statutory rights can not be enforced under Article 32. Ordinary legal route needs to be adopted if that is the case.
Q2. Correct Answer : C
The writ jurisdiction of high courts is wider than that ofthe Supreme Court as it can enforce legal rights too.
Q3. Correct Answer : B
Habeas Corpus can be issued against private individuals too as it is concerned with protection of human rights.
Q4. Correct Answer : B
Martial law is implicit in the constitution. It is imposed in an extraordinary situation and all the law courts are suspended while it is in operation. It however does not affect centre-state relations even while it suspends the civilian government in the specific areas where it is imposed.
Q5. Correct Answer : A
Fundamental rights are meant to protect human rights against executive tyranny and establish political democracy. However, Article 326 in Part XV of the constitution mentions adult suffrage. It is not mentioned under the fundamental rights section neither under any law enacted by the parliament of India. Therefore it is only a constitutional right.
Q6. Correct Answer : C
To enforce articles 39(a) and 39 (b) which promote the socialistic ideals of the Indian constitution, certain laws and rules can be exempted from judicial review.
Q7. Correct Answer : B
The criteria for citizenship are mentioned both in the constitution and in the laws enacted by the parliament.
Q8. Correct Answer : C
Equal protection of law means that the same class of persons (disabled, women etc.) would be treated alike.
But, they will all be subjected to the law of the land. No one is exempt from it except the President and the Governor in states. This is an exception to equality before law.
Q9. Correct Answer : D
A person under preventive detention does not have any such rights which a person in custody normally has. The state legislatures can make laws as preventive detention is not only concerned with matters of national security, but also state security.