Answer with Explanation for Polity- Special MCQ-8
Q1. Correct Answer : D
An example of restricting a religious practice would be the Supreme Court banning Jallikattu in TN. Article 25 covers not only religious beliefs (doctrines) but also religious practices (rituals). Moreover, these rights are available to all persons citizens as well as non-citizens. However, these rights are subject to public order, morality, health and other provisions relating to fundamental rights.
Further, the State is permitted to:
(a) Regulate or restrict any economic, financial, political or other secular activity associated with religious practice;
(b) Provide for social welfare and reform or throw open Hindu religious institutions of a public character to all classes and sections of Hindus.
Article 25 also contains two explanations:
one, wearing and carrying of kirpans is to be included in the profession of the Sikh religion; and
two, the Hindus, in this context, include Sikhs, Jains and Buddhists.
Q2. Correct Answer : C
The writ jurisdiction of the Supreme Court differs from that of a high court in three respects:
The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a high court can issue writs not only for the enforcement of Fundamental Rights but also for any other purpose. The expression for any other purpose‘ refers to the enforcement of an ordinary legal right. Thus, the writ jurisdiction of the Supreme Court, in this respect, is narrower than that of high court.
The Supreme Court can issue writs against a person or government throughout the territory of India whereas a high court can issue writs against a person residing or against a government or authority located within its territorial jurisdiction only or outside its territorial jurisdiction only if the cause of action arises within its territorial jurisdiction. Thus, the territorial jurisdiction of the Supreme Court for the purpose of issuing writs is wider than that of a high court.
A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction. Article 32 doesnot merely confer power on the Supreme Court as Article 226 does on a high court to issue writs for the enforcement of fundamental rights or other rights as part of its general jurisdiction. The Supreme Court is thus constituted as a defender and guarantor of the fundamental rights.
Q3. Correct Answer :B
It is a Latin term which literally means to have the body of‘. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals.
The writ, on the other hand, is not issued where the
(a) detention is lawful,
(b) the proceeding is for contempt of a legislature or a court,
(c) detention is by a competent court, and
(d) detention is outside the jurisdiction of the court.
Q4. Correct Answer : D
Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. In other words, the State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion. This provision prohibits the State from favouring, patronising and supporting one religion over the other. This means that the taxes can be used for the promotion or maintenance of all religions. This provision prohibits only levy of a tax and not a fee. This is because the purpose of a fee is to control secular administration of religious institutions and not to promote or maintain religion. Thus, a fee can be levied on pilgrims to provide them some special service or safety measures. Similarly, a fee can be levied on religious endowments for meeting the regulation expenditure.
Q5. Correct Answer : D
The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.
It contains the following four provisions:
(a) The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
(b) The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights. The writs issued may include habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
(c) Parliament can empower any other court to issue directions, orders and writs of all kinds. However, this can be done without prejudice to the above powers conferred on the Supreme Court. Any other court here does not include high courts because Article 226 has already conferred these powers on the high courts.
(d) The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution. Thus the Constitution provides that the President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency (Article 359). It is thus clear that the Supreme Court has been constituted as the defender and guarantor of the fundamental rights of the citizens. It has been vested with the original‘ and wide‘ powers for that purpose. Original, because an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal. Wide, because its power is not restricted to issuing of orders or directions but also writs of all kinds.
Q6. Correct Answer : C
Procedure established by law means that a law that is duly enacted by legislature or the concerned body is valid if it has followed the correct procedure. Following this
doctrine means that, a person can be deprived of his life or personal liberty according to the procedure established by law. So, if Parliament pass a law, then the life or personal liberty of a person can be taken off according to the provisions and procedures of the that law. Due process of law doctrine not only checks if there is a
law to deprive the life and personal liberty of a person, but also see if the law made is fair, just and not arbitrary. If SC finds that any law as not fair, it will declare it as null and void. This doctrine provides for more fair treatment of individual rights.
Under due process, it is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must confirm to the laws of the land like – fairness, fundamental rights, liberty etc. It also gives the judiciary to access the fundamental fairness, justice, and liberty of any legislation.
Q7. Correct Answer : B
Jammu and Kashmir is an exception to this rule. It has its own constitution and several laws and constitutional provisions are applicable to J&K only by the assent of the state. India is a sovereign state. So it can acquire a foreign territory using any method, even tyrannical ones. Had it been a dominion, it could do so only by the permission of the ruling nation.
Q8. Correct Answer : C
In the famous Keshavananda Bharti case, the Supreme Court held that the Preamble is a prt of the constitution reverting from its earlier judgments. It also said that it can be amended given that the basic structure of the constitution is maintained. The preamble is a not a source of any power to any organ of the government. It is simply a restatement of the essence of the constitution.
Q9. Correct Answer : B
The preamble does not state that all Indian citizens will be socially, economically and politically equal. It merely states that there will be justice. And justice does not mean equality. It simply means what is fair and reasonable. Equality of opportunity is mentioned in the preamble.
Q10. Correct Answer : B
Freedom of speech and expression is not a measure of civic equality but that of individual liberty. The other two ensure that citizens are treated without any special privileges.