Q.1 Under the Indian Constitution wo is the guardian of the Fundamental Rights? (UP.PCS 1992)
(A) Parliament (B) President
(C) Supreme Court (D) Cabinet
Ans:- (C)
| All the given statements are sorrect except D as Judiciary (The Supreme Court and High Courts) is the guardian of Fundamental Rights instead of the President. |
Q.2 Under the Indian constitution who amongst the following is considerd to be the guardian of the fundamental Rights? ()
(A) Parliament (B) President
(C) Judiciary (D) Prime minister
Ans:- (C)
| See the explanation of above question. |
Q.3 Which one of the following is regarded as the protector of fundamental rights of citizen and guardian of the constitution of India? (UP. Lower Sub 2015)
(A) The Parliament (B) The Attorney General
(C) The Supreme Court (D) The Presidnet.
Ans:- (C)
| The Supreme Court of India is the protector of fundamental rights of citizens and guardian of the constitution of India because through right to constitutional remedies Art. 32 it protect the fundamental rights of citizens. Besides, it interpret as well as enforce the provision of the constitution. |
Q.4 Which one of the following rights was described by Dr. B.R. Ambedkar as the “Heart and Soul of te constitution”? (UP. PCS 2010)
(A) Right to Freedom of Religion (B) Right to Property
(C) Right to Equality (D) Right to Constitutional Remedies
Ans:- (D)
| Dr. B.R. Ambedkar described Article 32 as the Heart and Soul of the Indian Constitution. In His word “If I was asked to name any particular Article in this constitution as the most important, an Article without which the constitution would be a nullity I Couldnot refer to any other Article except this one Article 32. It is the very soul of the constitution and the heart of it.” It is also notable that on various occasions the preamble to the constitution is also recognized as the soul of the constitution, but according to Dr. B. R. Amberkar Article 32 is Heart and Soul of the constitution. |
Q.5 Which one of the following Article was termed as the ‘Heart and Soul of the constitution’ by Dr. B.R. Ambedkar? (UP. U.D.A./L.D.A. 2010)
(A) Article 14 (B) Article 25
(C) Article 29 (D) Article 32
Ans:- (D)
| See the explanation of above question. |
Q.6 Which one of the following writs can be issued by a High court to secure the liberty of the individual? (UP.PCS 2015)
(A) Mandamus (B) Quo—Warranto
(C) Habeas Cropus (D) Prohibition
Ans:- (C)
| Article 226 of the indian Constitution provide for the power of High Court to issue certain writs. To secure liberty of the Individual, the High Court issue the writ of Habeas Corpus. The writ is issued by the court whose object is to secure the release of a person found to be detained illegally and secured the liberty of the individual.
The Supreme Court also have the power to issue writs under Article 32 of the Indian Constitution for the Rights enumerated in Part III of the Constitution i.e. Fundametal Right whereas High Court can issue writs related to legal Rights also. |
Q.7 The writ which may be filed for protection of right to personal freedom is? (MP. PCS 1993)
(A) Mandamus (B) Quo—warranto
(C) Hebeas Corpus (D) Certiorari
Ans:- (C)
| The Words “Hebeas Corpus” literally means ‘to bring the body before court’ But this the court secures the body of a person who has been imprisoned or detained to be brought before the court to obtain knowledge of reason or grounds for such detention and to do justice. This writ secures the right of personal liberty. |
Q.8 By which of the following case parliament got the right to amend fundamental Rights? (MP. PCS 1991)
(A) Keshvanand Bharti Case (B) Rajnarayan Vs. Indira Gandhi Case
(C) Golaknath’s Case (D) Sajjan Singh Case
Ans:- (A)
| The first time the Supreme Court held that the fundamental rights are amendment was in the case of sajjan Singh Vs. Rajasthan state 1965. In Golaknath case 1967 the prior decision was reversed, and it was held that amendment in fundamental rights is not possible. Again in Keshvanand Bharti case. The Supreme court held that the amendment power of the parliament is wide enough but not unlimited. It may amend fundamental rights but not in such way so as to destroy the basic structure of the constitution. This case marked as authorizing decision to give amendment power in fundamental rights by the parliament. |
Q.9 The Supreme Court of India has propunded the ‘Doctrine of Basic Structure’ of the constitution in which of the following cases? (UP. Lower Sub. 2013)
(A) Golaknath Vs. Punjab State
(B) Sajjan Singh Vs. Rajasthan State
(C) Keshvanand Bharti Vs. Kerala State
(D) Shankari Prasad Vs. Indian Union.
Ans:- (C)
| The doctrine of the basic structure of the constitution owes its evolution in the ratio of the majority judgement of the Supreme Court in the landmark Case, Keshvanand Bharti Vs. Kerala State 1973 which was approved by Minerva Mills Vs. Union of India 1980. |
Q.10 Which one of the following cases outlined the basic structure doctrine of the Indian Constitution? (UP. PCS 2015)
(A) Gopalan v/s Madras State (B) Golaknath v/s Punjab State
(C) Keshvanan Bharti v/s Kerala State (D) None of these
Ans:- (C)
| See the explanation of above question. |
